PEM DORJEE BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This revision petition has been filed by these accused petitioners with a prayer to set aside the Order dated 11-1-2001 passed by the Learned Sessions Judge, Special Division in Criminal Case No. 17 of 1999 cancelling the bail of the accused persons in the interest of justice.

(2.) Mr. N. Lepcha, learned counsel appearing for the accused petitioners submits that the cancellation of bail was made without going through the materials on record and, therefore, it amounted to violation of principles of natural justice.

(3.) Charge-sheet was filed against six accused persons including two accused under Ss. 325/395, Indian Penal Code read with S. 25, Arms Act, 1959 and cognizance was duly taken and the case was registered as Criminal Case No. 17 of 1999 in the Court of the Learned Sessions Judge, East and North, Gangtok. Bail was granted to all the accused persons on 2-7-1999 after charge-sheet was filed. The case was transferred in the Court of Learned Sessions Judge, Special Division on 12-5-2000. In the meantime, two acused persons, namely, Pem Dorjee Bhutia and Deepak Subba accused petitioners Nos. 1 and 2 were involved in Singtam P.S. case No. 32(12) 2000 under Ss. 395, 342, 323, 427, 353, 34 of the Indian Penal Code and these two accused petitioners along with others were arrested on 8-1-2001. It is stated by Mr. Lepcha that charge-sheet was subsequently filed under Ss. 342/353/427/323/34 Indian Penal Code in the aforesaid Singtam Police Station Case.