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Judgment
7 paragraphs · 350 wordsS.S. Sudhalkar, J.
Heard learned counsel for the petitioner and learned Advocate for the State. As per the facts which emerge from the order Annexure P1 are that two young men opened fire on Jai Vir and he died because of the injuries on 18.11.1992. Later on, one Rakesh was arrested in connection with a murder case and was convicted. However, Rakesh had made a statement before the police in which he had involved the petitioner. As a result, petitioner was arrested.
The learned Additional Sessions Judge, Rohtak by order dated 21.9.1996 granted bail to the petitioner. Against this order, an application for cancellation of bail was made. The learned Additional Sessions Judge, Rohtak, vide Annexure P2, cancelled the bail granted to the petitioner. This petition is, therefore, filed for bail by the petitioner in the said case.
The reason for cancellation of bail is that many cases were pending against the petitioner which were of very serious nature. If the other cases were of serious nature, the Court/s can consider the question of releasing or not releasing the petitioner on bail in connection with those cases but that should not come in the way of bail already granted to the petitioner in this case. The other reason mentioned in the order is that there is every likelihood of tempering with the evidence. It is not shown as to which evidence the petitioner could have tampered.
It is also evident from the said order that in spite of bail already granted, the petitioner was not released on bail because he did not furnish the bail bonds and surety bonds.
Looking to the reasons stated for cancellation of bail, I find that these cannot be upheld. As a result, the cancellation of bail order cannot be justified. Consequently, bail can be granted to the petitioner.
The petition is, therefore, allowed. The petitioner is ordered to be released on bail on his furnishing bail bond of Rs. 25,000/ with one surety in the like amount. Bail bonds be furnished before the trial Court/CJM/Duty Judicial Magistrate, Rohtak.