DEEPA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal miscellaneous petition under Section 482 Cr.P.C., the petitioner has challenged the order dated 5.2.2008 passed by the Sessions Judge, Bikaner (for short, the trial Court' hereinafter) whereby the trial Court cancelled the bail granted to the petitioner on the ground that earlier the bail was granted for the bailable offences under Sections 354 and 323 I.P.C., however the offence of rape punishable under Section 376 I.P.C. is made out against the petitioner and for that, bail had never been granted to the petitioner.

(2.) The similar controversy came up before this Court in Jubeda (Mst.) & Anr. v. State of Rajasthan, 2006 (1) Cr.L.R. (Raj.) 860 , in which a coordinate Bench of this Court held that once the bail is granted even for lessor offence (s), the same cannot be rejected. That matter went to the Hon'ble Supreme Court and the Hon'ble Apex Court, in Abdul Sattar v. Jubeda & Ors., Special Leave to Appeal (Cri.) No. 2587/2006 set aside the order passed by this Court passed in jubeda (Mst.) & Anr. v. State of Rajasthan (supra).

(3.) In this view of the matter, the order impugned passed by the learned Sessions Judge, Bikaner is in consonance with the decision of the Hon'ble Supreme Court. No case for interference in the impugned order is made out.