AJAY KUMAR Vs. STATE (NOW UT) OF J&K

JUDGEMENT

(1.) The petitioner, through the medium of this criminal revision petition filed in terms of Sec. 439(5) of J&K CrPC (as was then applicable and now repealed) has assailed the order dtd. 18/1/2019 passed by the court of learned Principal Sessions Judge, Samba ('Trial Court') in a case titled 'State v. Polli Devi and Anr.' arising out of FIR No. 69/2016 for the commission of offences punishable U/Ss 306/304-B/498-A/34 RPC.

(2.) It has been asserted that the petitioner and his mother were implicated in a false and frivolous case registered at Police Station Ghagwal vide FIR no. 69/2016 on 16/8/2016 and vide order dtd. 17/10/2017, he had been admitted to interim bail. However, vide order dtd. 18/1/2019, the Trial Court cancelled his bail.

(3.) This is how the petitioner has filed this revision petition assailing the order passed by the trial court dtd. 18/1/2019, whereby application of the petitioner to grant him absolute bail was rejected. The impugned order has been assailed by the petitioner mainly for the reason that once the petitioner was admitted to bail, the bail granted in his favour by the Trial Court could not have been cancelled and, therefore, the impugned order is not sustainable and through the medium of this revision petition he has sought setting aside of the order, with a further prayer to admit him to bail.