BRAJ KISHORE JHAWAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha, learned counsel for the petitioner and Mr. Manoj Kumar, learned counsel for the State.

(2.) The present petition has been filed for quashing of order dtd. 17/3/2023 passed in Vigilance Case No. 27 of 2017, corresponding to Special Case No. 30 of 1989, whereby learned Special Judge, ACB, Chaibasa, West Singhbhum has been pleased to cancel the bail bond of the petitioner and further has been pleased to issue non-bailable warrant of arrest against the petitioner pending in the Court of learned Special Judge, ACB, Chaibasa, West Singhbhum,

(3.) Mr. Indrajit Sinha, learned counsel for the petitioner submits that the petitioner has already been granted regular bail on surrender by order dtd. 18/11/1996. He submits that the matter went upto the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No. (s). 3409-3410/2011 and by order dtd. 8/4/2011 interim order was provided by the Hon'ble Supreme Court. He further submits that observation was there by order dtd. 6/8/2013 by the Hon'ble Supreme Court that if any evidence come during the trial against the petitioner the trial court is at liberty to call upon the petitioner to face the trial. He further submits that in absence of any further development, the learned court has cancelled the bail bond of the petitioner considering the order of the Hon'ble Supreme Court in "Asian Resurfacing of Road Agency Private Ltd. Vs. Central Bureau of Investigation, reported in (2018) 16 SCC 299. He further submits that this aspect of the matter has been clarified by the Hon'ble Supreme Court the case of "Fazalullah Khan Vs. M. Akbar Contractor (D) By LRS. and Ors. reported in 2019 SCC Online SC 1513 that if any stay is granted by the Hon'ble Supreme the said judement in Asian Resurfacing of Road Agency Private Ltd (supra) will not apply. On these grounds he submits that cancellation order is bad in law.