KAJOD MAL NITHARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application has been filed seeking cancellation of bail granted by this Court to the accused-non-applicant vide order dated 30.03.2011. The charge sheet in the present case was filed for offence under Sections 420, 467, 468, 471/120B IPC. It is informed that charges have been framed and matter is pending trial.

(2.) Contention of learned counsel for the applicant complainant is that the accused-non-applicant was granted bail on consideration of the report of Forensic Science Laboratory, which eventually was found to be forged. It is argued that this Court considered that report and the bail was granted to the non applicant on the assumption that the consent letter was genuine whereas it was forged and therefore the bail granted to the accused-non-applicant may be cancelled.

(3.) Learned counsel for the accused-non-applicant submitted that the bail was granted to the accused-non-applicant in the third application filed for that purpose and by that time, the accused-non-applicant had remained in jail for almost nine months. So far as allegation of forging FSL Report is concerned, another FIR against the accused-non-applicant was lodged on that allegation, in which bail application filed by the accused-nonapplicant was rejected by the Court below and eventually the accused-non-applicant approached this Court by filing bail application under Section 439 Cr.P.C. being S. B. Criminal Misc. Bail Application No. 15684/2016. Co-ordinate bench of this Court vide order dated 07.12.2016 granted bail to the accused-nonapplicant It is submitted that even if the allegation of forgery is taken as an independent and distinct offence, the accused-non applicant has already been enlarged on bail by Co-ordinate Bench of this Court and therefore that allegation cannot be taken as a basis for cancellation of bail granted by this Court to the accusednon- applicant. It is informed that charge sheet in subsequently lodged FIR has been filed.