PRABHU DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of an application filed under Section 439 (2) of cr. P. C. by the petitioner Prabhu Dayal seeking cancellation of bail of the respondent No. 2 who has been granted bail vide order dated 18. 08. 2009 rendered by the learned Additional sessions Judge, Shahpura, Jaipur.

(2.) HEARD the learned counsel for the petitioner, learned counsel for the respondent no. 2 as also learned Public Prosecutor appearing for the State and perused the relevant provisions of law as also relevant material available on record.

(3.) LEARNED counsel for the petitioner took me through the bail order dated 18. 08. 2009 rendered by the Addl. Sessions Judge, Shahpura, jaipur as also the order sheets of the file and contended that the learned trial court has very wrongly stated in his order that the prosecution failed to examine all the witnesses and had lingered on the trial of the case. The order sheets of the case tangibly suggest that on each and every date of hearing, there was progress in the trial and the witnesses were examined. Learned counsel further contended that the bail petition of the respondent no. 2 Shyam Sunder was dismissed thrice by the High Court on 20. 08. 2007, 08. 04. 2009 and 27. 07. 2009. In spite of this fact, the learned trial court granted the bail to the respondent no. 2 on 18. 8. 2009, whereas, there was no change in circumstances in 20 days. Learned trial court abused his position and granted bail to the respondent no. 2, which was against the propriety as also the canons of jurisprudence. In view of these factors, the bail granted to the respondent no. 2 by the learned trial court deserves to be cancelled.