BANWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a third bail application moved by the petitioner in First Information Report No. 571/88 registered at Police Station Kotwali, Alwar for the offences under Sections 302, 307, 148 and 149 of the Indian Penal Code. First of all it is necessary to give the history of the applications moved by the petitioner and the decisions taken on them. First bail application is registered at No. 182 of 1989 and when this was presented before the Stamp Reporter, he directed the concerned clerk to report. The report which was to be submitted by the concerned clerk was already cyclostyled on the forms and to this he added a report by affixing a seal which says the following words: Abhiyukt dwara es nyayalaya main pahle appeal pesh nahin ki gai hai. This bail application was rejected on 27th Jan. 1989.

(2.) A second bail application was moved on 5th April, 1989. In this bail application the Advocate gave a note that no such bail application had been filed previously. The concerned clerk also reported by affixing a prepared seal in the above mentioned word. This application was allowed by Justice N.C. Kochhar on 24th April, 1989 and on the petitioner's furnishing required bail and bonds, he was released on bail.

(3.) The complainant in the case moved an application for cancellation of the bail granted to the petitioner. It may be mentioned that the counsel for the complainant was present when the first bail application was dismissed on 27th Jan. 1989, but counsel for the complainant was not present when the bail application was allowed on 24th April, 1989. On the application for cancellation of bail, which was placed before Justice N.C. Kochhar, the circumstances of the case were gone into and the bail granted was cancelled observing that no person can be allowed to take benefit of an order which he obtained by practising fraud on the. Court. Instead of surrendering after the cancellation of the bail, the petitioner moved an application under Section 438 of the Criminal Procedure Code. But this application was dismissed by me on 24th Jan. 1990 and the petitioner was directed to surrender. Now he has moved this application, after surrendering, under Section 439 of the Criminal Procedure Code as per the directions of the Court.