GAYA SINGH Vs. KEDAR SINGH

JUDGEMENT

(1.) OPPOSITE Party No. 1 Kedar Singh (hereinafter referred to as the "opposite party") has been committed to the Court of Session for offences under Section 307 and some other sections of the Indian Penal Code. He applied for bail before the Sessions Judge, Patna, which was rejected. Before this Court, he prayed for bail in Criminal Misc. No. 789 of 1972. After stating the material facts, the miscellaneous application stated in paragraph 13 that "the petf. tioner was on provisional bail from 12-12-1970 to 18-1-1971 and never abused the privilege granted to him". In paragraph 19 it was recited that he had not filed any appli-eation for bail in this Court after commitment. This Court granted bail to Kedar Singh on the 5th May, 1972.

(2.) ON the 29th August, 1972, Gaya Singh, the informant of the case, filed this Criminal Miscellaneous Case No. 1659 of 1972 for cancellation of the bail granted to Kedar Singh. This prayer is founded on the ground that order of bail was obtained from this Court by suppressing material factt and making misstatement of certains facts.

(3.) IN order to appreciate the contentions raised, the following facts may be stated. After submission of chargesheet under Sections 148, 149, 337 and 307 of the INdian Penal Code and under Section 27 of the Anns Act. a petition for bail on behalf of the opposite party was moved, but it was rejected by the Sessions Judge, Patna, on the 27th August, 1970. IN Criminal Miscellaneous No. 1634 of 1970, R. J. Bahadur, J. rejected the bail application of Kedar Singh on the 3rd November, 1970. Thereafter, Kedar Singh filed an application for provisional bail before the Subdivisional Magistrate, Biharsharif on the ground of his wife's ulness. By order dated the 10th December, 1970, he was granted provisional bail for 20 days. It was later extended to the 11th Tanuary, 1971. After the expiry of this period, the opposite party did not surrender and absconded. Ultimately, his bail was cancelled by order dated the 18th January, 1971 and non-bailable warrant of arrest and processes under Sections 87 and 88 of the Criminal Procedure Code (hereinafter referred to as "the Code") were issued against him. Without surrendering before the Magistrate, he came to this Court in Criminal Revision No. 896 of 1971 and Criminal Miscellaneous No. 799 of 1971. Ultimately, the opposite party was permitted to withdraw his bail application in Criminal Miscellaneous No. 799 of 1971 on the 28th April, 1971, and B. D. Singh, J., by his order dated the 28th April, 1971, passed in Criminal Revision No. 896 of 1971, dismissed the revision application and directed him to surrender in person before the Court below. Thereafter, the opposite party surrendered before the Magistrate on the 10th June, 1971.