Kamlesh vs State of Haryana

Sat Pal, J.

This petition has been filed under Section 439 of the Code of Criminal Procedure (in short, the Code) seeking bail pending trial in the case FIR No. 135 dated 4th July, 1994 registered at Police Station Khol, Tehsil and District Rewari under Sections 323/324/325/326/506/34, IPC.

In this case, earlier application filed by the petitioner seeking bail pending trial was dismissed by this Court vide order dated 6th October, 1994. Thereafter, the petitioner approached the Sessions Court seeking the same relief but in the application filed before the learned Additional Sessions Judge, the petitioner concealed the material fact of his application for bail having been rejected by this court on 6th October, 1994. Learned Additional Sessions Judge, Rewari, however, granted bail to the petitioner vide order dated 14th December, 1994. Thereafter the complainant filed an application before the learned Additional Sessions Judge on 22nd December, 1994 and in this application, it was prayed that the bail granted to the petitioner be cancelled on the ground that the petitioner has suppressed the aforesaid material fact. This application filed by the complainant was, however, rejected by the learned Additional Sessions Judge on 13th January, 1995.

Thereafter the complainant filed application bearing Cr.Misc. No. 3528M of 1995 in this Court for cancellation of the bail granted to the petitioner on the same ground that the petitioner had concealed material fact of his earlier application having been rejected by this Court. It was also pleaded in this application that the petitioner and his coaccused Babu Lal had threatened the complainant on 13th January, 1995. In this application, the complainant had also prayed that the bail granted to the coaccused Babu Lal be also cancelled because of the said threat given to the complainant.

After hearing the learned counsel for the parties, I had cancelled the bail granted to the petitioner vide order dated 27th July, 1995. The prayer of the complainant for cancellation of the bail of the coaccused Babu Lal was, however, rejected for the reasons stated in the aforesaid order.

The present petition has been filed by the accused Kamlesh for grant of bail pending trial. The learned counsel for the petitioner submits that in compliance with the order dated 27th July, 1995, the petitioner surrendered on 11th August, 1995. He further submits that since the coaccused Babu Lal had already been granted bail and prayer of the complainant for cancellation of his bail was rejected by this Court, the petitioner should also now be granted bail. He further submits that the role assigned to the petitioner and Babu Lal is the same. He also submits that the petitioner has already suffered and has been in custody since 11th August, 1995 for having suppressed the order passed by this Court rejecting his bail, though, according to him, the suppression of fact was bona fide.

I have heard the learned counsel for the parties and keeping in view the fact that the coaccused Babu Lal has already been granted bail by the learned Additional Sessions Judge and the petitioner has been in jail since 11th August, 1995, I am of the view that it is a fit case for grant of bail now to the petitioner. Accordingly, I direct that the petitioner be released on bail on furnishing bail bond in the sum of Rs. 15,000/ with one surety in the like amount to the satisfaction on CJM Rewari.