Vipin Babbar vs Saroj Satija
1993 Latest Caselaw 664 Del

JUDGMENT

R.L. Gupta, J.

(1) This is an application for cancellation of bail of the respondent No. 1. Learned Counsel for the petitioner submits that the anticipatory bail of the petitioner was rejected by R.L. Gupta, J. on January 25, 1993. He points out that on the date the anticipatory bail was rejected, challan had already been filed against the accused persons including the petitioner. He submits that in the order of R.L. Gupta, J., it was observed that the prima facie the Statement of Renu, sister of the deceased makes out a clear case of involvement of the petitioner in the crime. Learned Counsel urges that in view of the observation of Gupta, J" the Metropolitan Magistrate was not right in granting interim bail to the petitioner on February 11,1993. He points out that in the order of Metropolitan Magistrate he has observed that the statement of Renu seems to be quite vague.

(2) It was not right for the Metropolitan Magistrate to have granted interim bail to the petitioner especially when R.L. Gupta, J. had rejected the application of the petitioner for anticipatory bail of the petitioner on merits observing that the statement of Renu clearly implicates the petitioner. The order of learned Metropolitan Magistrate suffers from clear impropriety. Notwithstanding this, at this stage I am not inclined to cancel the bail of the petitioner which was granted to him by shri Dinesh Dayal, Additional Sessions Judge on February 17, 1993 after the case was committed for trial before his Court.