Joginder vs State of Haryana and Others

Alok Singh, J.—This is an application seeking cancellation of bail granted by this Court vide order dated 6.5.2010 in Criminal Complaint No. 7/1 dated 29.1.2009 titled "Ravinder v. Rajesh and others Criminal Complaint No. 7/1" pending in the Court of Judicial Magistrate First Class, Hisar, under Sections 148, 323, 324, 325, 407, 435 and 506 read with Section 149 IPC. The ground seeking cancellation of bail is that after releasing on bail pursuant to order of this Court dated 6.5.2010, the accused have caused grievous injuries to the Petitioner, who is the witness in the complaint case against the accused, for which FIR No. 267 dated 15.12.2010 at Police Station Agroha, District Hisar, was lodged initially under Sections 148, 149, 323, 324, 427, 447 and 506 IPC however, since the Petitioner herein (witness in the complaint case) has received grievous injury, hence Section 326 IPC is also added against the accused. Learned Counsel has further argued that since accused had misused bail by causing injury on the person of the witness of the criminal case (Petitioner herein), hence bail granted to the accused must be cancelled.

Learned Counsel for Respondents No. 2 to 4 has fairly stated that there was fight between the complainant and the accused after grant of bail in the complaint case. Learned Counsel has further stated that cross FIR has been registered by the complainant as well as by the accused.

Ms. Preeti Chaudhary, AAG Haryana has filed affidavit of Omvir Singh, HPS, Deputy Superintendent of Police, Hisar. As per the affidavit of Deputy Superintendent of Police, Hisar, accused have caused grievous injuries to the present Petitioner with intention to kill him.

A bail granted to the accused can be revoked/cancelled, if Court finds that accused has misused the bail and has committed any offence.

From the averments made in the application as well as in the affidavit of the Deputy Superintendent of Police, Hisar as well as from the arguments advanced by learned Counsel for accused-Respondents, it appears that after coming out from the jail on bail they are involved in a criminal activity for which cross FI Rs have been filed by both the parties against each other.

Without commenting on the merits of the case and to avoid future repetition of the offence, I direct that bail granted to the accused Respondents shall stand cancelled.

Petition stands allowed, accordingly. Respondents No. 2 to 4 shall surrender before the trial Court immediately.