MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner was granted anticipatory bail by the Link Officer presiding as Sessions Judge, Jodhpur by order dtd. 4/4/2016. The complainant filed a cancellation of bail application before the Sessions Court which came to be heard by the Sessions Judge, Jodhpur District and he, by order dtd. 12/8/2016, cancelled the anticipatory bail granted to the present petitioner. Upon this, the accused petitioner has approached this Court by way of the instant revision in order to question the legality and validity of the order dtd. 12/8/2016.

(2.) Ms. Vandana Bhansali, learned counsel representing the petitioner urges that the order passed by the Sessions Judge, Jodhpur apart from being grossly illegal, reflects gross judicial indiscipline. The petitioner had been granted anticipatory bail by an officer in rank of Higher Judicial Services after due consideration of the entire record. The bail order was not obtained by either fraud or mis-representation. Thus, there was no occasion for the learned Sessions Judge, Jodhpur District to have entertained the application filed under Sec. 439(2) Cr.P.C. and cancelled the anticipatory bail granted to the petitioner. In support of her contention, she relies upon the Supreme Court's judgment rendered in Ramcharan vs. State of M.P. reported in (2004)12 SCC 617. She further urges that the original documents the reference whereof is given in the bail cancellation order have already been submitted to the I.O. who is present in the Court and verifies this fact.

(3.) Learned Public Prosecutor supports the arguments advanced by Ms. Bhansali. He also urges that the powers of cancellation of bail could not be exercised in the manner which has been done while passing the order dtd. 12/8/2016 and the order granting bail cannot be reversed on merits and more particularly by a presiding officer having the same rank in the judicial hierarchy.