BAHADUR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two miscellaneous petitions-are directed against the orders dated 12.1.1994, passed by the Additional Sessions Judge, Chum, by which the learned Additional Sessions Judge over - ruled the preliminary objection raised by the petitioners regarding the jurisdiction of the Additional Sessions Judge to entertain the application moved by the complainant for the cancellation of the bail granted by the Court of Sessions Judge as well as by the High Court. As both these miscellaneous petitions raise a common question of -taw, therefore, they are being disposed of by this common judgment.

(2.) In S.B. Criminal Miscellaneous Petition No. 168 of 1994, a challan under Sections 302, 148,307 and 325 I.P.C was filed by the Station House Officer, Police Station, Taranagar, in the Court of the Munsif and Judicial Magistrate, First Class, Taranagar, against the accused-petitioners Bahadur Singh, Daul Singh, Srawan Singh, Pappu Singh and Manroop Singh. The learned Munsif and Judicial Magistrate, Taranagar, committed the accused to stand their trial in the Court of the Sessions Judge, Churu, from where the case was transferred to the Court of the Additional Sessions Judge, Churu, for trial. During the course of investigation, on 14.5.1991, the accused-petitioners Bahadur Singh, Daulat Singh and Pappu Singh were granted bail by the learned Sessions Judge, Chum, while accused Srawan Singh was granted anticipatory bail under Section 438 Cr. P.C. by the learned Sessions Judge, Chum, on 27.5.1991, and accused - petitioner Manroop Singh was granted bail by the High Court under Section 439(1) Cr. P.C. on 28.11.1993, the learned Additional Public Prosecutor moved an application under Section 439(2) Cr. P.C. in the Court of the learned Additional Sessions Judge, Chum, for the cancellation of the bail granted to the petitioners earlier by the Sessions Judge as well as by the High Court, on the ground that the petitioners are misusing the liberty granted to them and they are trying to tamper with the witnesses and threatening them with the dire consequences.

(3.) In S.B. Criminal Miscellaneous Petition No. 172 of 1994, charge-sheet under Sections 302, 307 and 325 I.P .C. was filed against the accused - petitioners Hidayat Khan, Nanu Khan and Pratap alias Ismile in the Court of the Munsif and Judicial Magistrate, Chum, and the accused were committed to stand their trial in the Court of the Sessions Judge, Chum, from where the case was transferred for trial to the Court of the Additional Sessions Judge, Churu. During the pendency of the investigation, the petitioners were enlarged on bail under Section 439(1) Cr. P.c. by the learned Sessions Judge vide his order dated 16.1.1987. The learned Additional Public Prosecutor, on 11.3.1993, moved an application under Section 439(2), Cr. P.C. for the cancellation of bail granted to the petitioners on the ground that after the registration of this case, eight more cases have been registered against the petitioners and proceedings under Section 110, Cr. P.C. have, also, been taken against them and that they are misusing the liberty granted to them by the Court.