Ram Pal Singh and Ors vs State of U.P.

S. I. Jafri,J.

Crl. appeal No. 527 of 1988 was field in this court on behalf of Ram Pal Singh, Bhav Prakash, Virendra and Rajendra against the judgment and order dated 9388 passed by Sri P. C. Mathur, II Additional Sessions Judge, Aligarh in S. T. No. 373 of 1986, convicting (he appellant Ram Pa Singh under section 302 IPC and Bhav Prakah, Virendra Singh and Rajendra Singh appellants under section 302/34 IPC and sentencing each of them to undergo life imprisonment. The appeal was admitted and bail was granted to Bhav Prakash, Virendra and Rajendra whereas the prayer for bail on behalf of Rampal Singh was ordered to be considered on receipt of the record by Hon. H. C. Milhal, J. by his order dated 11388. Thereupon, the appellants Rampal Singh, Bhav Prakash, Virendra and Rajendra filed another Crl. Appeal No. 849 of 88 against the aforesaid judgment and order dated 9388 passed by Sri P. C Mathur, II Additional Sessions Judge, Aligarh is S. T. No. 373 of 1986 before this Court by (''impressing the fuel that an appeal was already tiled and admitted on behalf of (he aforesaid appellants, by Hon. H. C. Mital , J. on 11388 and three of them, namely, Binav Prakash, Virendra and Rajendra were granted bail by the Court, It was also suppressed that the prayer for bail on behalf of Ram Pal Singh was deferred for consideration till the receipt of the record by Hon. H. C. Mual, J. this court after hearing Sri Devendra Swarup, the learned counsel for the appellants admitted the appeal and granted bail to all of them on 15488. It may be mentioned that the earlier appeal filed before Hon. H. C. Mital, J. was through Kundan Singh, Advocate.

Later on an application for cancellation of bail of the appellants was filed in this Court on 26888 by Sri Vinai Singh, learned counsel for the complainant Har Pal Singh, stating that the appellants had, supressed the material facts from the knowledge of the court and consequently they had obtained a subsequent bail order for all of them. It was prayed that the subsequent order admitting the appeal and grant of bail to the accused on l5488 be recalled.

I have heard learned counsel for the parties and after giving my almost consideration to the facts and circumstances of the case, I consider it just and proper to recall my order, dated 13488. It is quite apparent that in order to obtain bail for appellant Rampal Singh a Second Appeal alongwith prayer for bail for all the appellants deliberately filed and in this manner the, appellant Rampal Singh succeeded in getting bail for himself as well by this court though for the consideration of his prayer for bail, the record was summoned by Hon. H. C. Mital. J. on 11388.

In the result, the Crl. Appeal No. 849 of 88 filed for the second time and adrnittted by this Court on 14488 is struck down on account of its being in fructuous and the order granting bail to Ram Pal Singh, Bhav Prakash, Virendra Singh and Rajendra Singh is recalled. Rampal Singh who is on bail by virtue of this Court''s order dated 15488 shall be taken into custody forthwith. However, Bhav Prakash Virendra and Rajendra appellants who were granted bail by Hon. H. C. Mital, J. on 11388 in Crl. Appeal No. 527 of 88 shall continue to remain on bail, if they were released on bail by furnishing bail bonds in the aforesaid appeal. If they were released from jail on bail after furnishing the bail bonds vide this courts order dated 15488 in Crl. Appeal No. 849 of 88, their bail bonds shall stand cancelled and they shall also be taken into custody forthwith and sent to jail. However, they be released on bail after furnishing fresh surely bonds to the satisfaction of the C. J M. Aligarh by virtue of the order dated 11388 granting bail to Bhav Prakash, Virendra and Rajendra in Crl. Appeal No. 527 of 1988 by Hon. H. C. Mital, J.

Before disposing of this application, I am pained to observe that by filing appeal a second time i. e. Crl. Appeal No. 849 of 1988, the accused have played fraud on the court. The possibility that a second Appeal was filed on the basis of wrong and misconceived legal advice cannot be ruled out looking to the circumstances of the case. I would have taken a serious view of the matter but as the circumstances do not point to a single individual as wholly responsible for committing the fraud on the court, desist from taking any action.

With the above observation, the application for cancellation of bail is allowed and the bail grained to Ram Pal Singh, Bhav Prakash, Virendra Singh, Rajendra Singh by this Court''s order dated 15488 is cancelled.

Let a copy of this order be supplied to the learned counsel for the complainant on payment of usual charges within 3 days from today.

Office is also directed to send a copy of the order to the C. J. M. Aligarh, for compliance. The C. J. M. Aligarh shall send his compliance report to this Court within 3 weeks from the receipt of this order.

Application allowed,