DAMRU MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ application has been filed for quashing the order dated 24.01.2008 passed by the learned Sessions Judge, Bokaro, in connection with Criminal Revision No. 130 of 2007 whereby order dated 17.9.2007 by which learned CJM, Bokaro, has cancelled the bail granted to the petitioner in connection with Deoghar (Town) P.S. case No. 279 of 2007 ( G.R. No. 735 of 2007 ), has been upheld.

(2.) FACTS of the case, in brief is that Tulsi Mahato (deceased) had given his fard beyan on 14.7.2007 disclosing therein that he was assaulted by petitioner by means of brick and he sustained injuries on his head. Second blow was hurled which caused injuries on his mouth and his teeth got broken. On the basis of the fard beyan of Tulsi Mahto, Bokaro P.S. Case NO. 279 of 2007 (T) dated 14.7.2007 under sections 337/338/325 was registered.

(3.) THE petitioner appeared before the CJM on 19.7.2007 with prayer to grant bail and the payer was allowed, because the offences alleged were bailable on that date. On the very same day, the informant Tulsi Mahato succumbed to his injuries and therefore petition was filed by the investigating officer to add section 302 IPC and further prayer was made to cancel the bail granted to the petitioner on the ground that the circumstance has now changed due to death of the informant. Thereafter, the petitioner was served with a show cause notice and, accordingly, he appeared and filed show cause raising objection that bail once granted under section 436 Cr.P.C. cannot be cancelled due to change in the situation. He has further raised objection that the Chief Judicial Magistrate has no right to cancel the bail.