NATHULAL Vs. STATE

JUDGEMENT

(1.) IN this case, the petitioner was granted anticipatory bail by this Court on 29. 4. 1993 - in connection with F. I. R. No. 13/93. Thereafter on 7. 5. 1993 a notice was issued to the petitioner as well as to brother of the petitioner to show cause as to why bail granted to the petitioner Nathulal on 29. 4. 1993 be not cancelled, because petitionerts brother Ranchhorlal who appeared did not bring to the notice of this Court regarding pending bail application No. 636/93 filed by the same petitioner in connection with same F. I. R.

(2.) THE petitioner or his brother are not present in the court, however, Mr. Jam counsel for the petitioner is present. He submits that as per his information, according to the direction of this Court given vide order dated 3. 5. 1993 in another bail application No. 636/93, the petitioner was to surrender on 18. 5. 1993 before the learned Addi. Sessions Judge, Udaipur but he has not surrendared himself on the stipulated date. He further submits that he was not informed regarding pendency of first bail application.

(3.) HEARD learned counsel for the parties. Generally bail once granted is not cancelled unless the conditions of Section 439 (2) Cr. P. C. are satisfied but in the instant case admittedly a perusal of the note appended to the bail application reveals that no such bail application has been filed previously. The petitioner or his brother has not appeared despite notice to explain the reason on 17. 5. 1993 and then on 19. 5. 1993. Under the circumstances, when the concealment of a material fact has been established against the petitioner who has not furnished an explanation and looking to his conduct. I deem it just and proper to recall the order dated. 29. 4. 1993 by which the petitioner was granted anticipatory bail in the exercise of powers vested in this Court and cancel the bail granted to him. A copy of this order along with the order dated 7. 5. 1993 and the order dated 3. 5. 1993 passed in S. B. Cr. Misc. Bail No. 636193 be sent to learned Sessions Judge, Udaipur. Learned Public Prosecutor is directed to take steps in the matter, if necessary. Bail order recalled.