PRITHVI RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this case on the basis of FIR No.86/1999, Jalore Police started investigation into an offence Under Sections 304 -B and 498 -A of the Indian Penal Code and during the investigation, arrested certain persons against whom, challan has been filed. Pending investigation and trial, bail applications have been moved in trial Court as also in this Court.

(2.) S .B. Cr. Misc. Bail Petition No. 1961/2000 was filed by Mohan Lal and another in this Court which was dismissed on dated 18.7.2000. Thereafter, S.B. Cr. Misc. Bail Application No.3059/2000 was filed in this Court by Prithvi Raj and it was dismissed on 20.11.2000. Mohan Lal and another again filed a bail application bearing No.268/2001 which was dismissed by this Court on 7.2.2001.

(3.) THE bail application of Prithvi Raj is opposed on several grounds namely that he has not correctly disclosed the earlier bail application; that he is likely to tamper with the evidence which may be recorded later on; that he is likely to bully the witnesses and almost on similar grounds, cancellation of bail, already granted to Mohan Lal and another, is sought. An affidavit in reply to the cancellation of bail has been filed. The accused are in jail since June, 2000 and are therefore, trying to seek restoration of their liberty and hence, repeatedly application are made for grant of bail. It is obvious that certain errors of not mentioning the correct number of previous bail applications have been committed by the applicants. It is wrong it is an error which should not be committed. It is not an error for commission of which bail application granted on the merit should be cancelled. The main thrust of arguments of Shri Shamboo Singh requesting for cancellation of bail was concealment of material facts. The entire record is present before me and as observed earlier, certain error of non -mention have been committed, that in itself is no ground for cancelling the bail once granted.