MAHENDRA GAUR Vs. GAUTAM BOSE AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties. Petitioner-Shri Mahendra Gaur, a practicing Lawyer, has filed these two separate applications under Section 439 (2) Cr.P.C. with a prayer to cancel the bail granted to the respondent-accused in respect of FIR No. 241/2009 registered at Police Station Sanganer Sadar, Jaipur for the offences under Sections 166, 285, 286, 287, 304-A, 304-II, 336, 337 and 427 IPC, for offence under Section 3 of the Prevention of Damage to Public Property Act, 1984 and for offence under Section 23 of the Petrolium Act, 1934. S.B.Criminal Misc.(Cancellation of Bail) Application No. 8876/2010 has been filed in respect of order dated 7.7.2010 passed by the Sessions Judge, Jaipur District, Jaipur in Criminal Misc.Bail Application No. 1019/2010 whereby benefit of bail was granted to the respondent-accused of this application whereas S.B.Criminal Misc.(Cancellation of Bail) Application No. 2701/2011 has been filed in respect of order dated 12.1.2011 passed by the High Court in S.B.Criminal Misc.Bail Application No. 6382/2010. As both these applications for cancellation of bail arise out of the same FIR and are based on almost similar factual and legal grounds, with the consent of the learned counsel for the parties, they were heard together and are being decided by this common order.

(2.) Brief relevant facts for the disposal of these applications are that a huge fire broke-out on 29.10.2009 in the Indian Oil Terminal situated at Sitapura Industrial Area, Jaipur as a result of which as many as eleven persons including some officers and employees of the Indian Oil died and properties amounting to crores of rupees were completely or partly destroyed. In respect of this incident, FIR No. 241/2009 was registered on 2.11.2009 at Police Station Sanganer Sadar, Jaipur for the aforesaid offences at the instance of one Shri Preet Pal Singh and during the course of investigation respondent-accused were arrested on 2.7.2010. They filed a joint application for grant of bail under Section 437 Cr.P.C. before the concerned Magistrate but the same was dismissed. The accused-respondents filed a joint application for grant of bail under Section 439 Cr.P.C. before Sessions Judge, Jaipur District, Jaipur and the same was decided vide order dated 7.7.2010 whereby learned Court below declined to grant benefit of bail to respondent-Shri Ashok Kumar Gupta whereas benefit of bail was granted to remaining respondents. Shri Ashok Kumar Gupta filed S.B.Criminal Misc.Bail Application No. 6382/2010 before the High Court and the same was allowed vide order dated 11.1.2011. Petitioner-Shri Mahendra Gaur, who is a practising lawyer, feeling aggrieved by the order dated 7.7.2010 filed Application No. 8876/2010 on 27.9.2010 whereas the Application No. 2701/2011 was filed on 23.3.2011 with a prayer to cancel the order of bail in faour of the respondent-Ashok Kumar Gupta.

(3.) The main ground taken by the petitioner to challenge the orders of bail passed in favour of the respondents is that they after release on bail have grossly misused their liberty and abused their official position to interfere with the course of investigation and have attempted to tamper with the evidence and influence the material witnesses.