Harish Chandra Saini Son Of Shri ... vs State Of Rajasthan
2022 Latest Caselaw 4730 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Bail Cancellation Application No. 50/2022

Harish Chandra Saini Son Of Shri Prabhati Lal Saini, Aged About
70 Years, Resident Of Ward No. 11, Police Station Tijara, District
Alwar (Raj.)
                                                   ---Complainant-Petitioner
                                   Versus
1.     State Of Rajasthan, Through P.p.
2.     Lakhpat Son Of Yasin, Resident Of Jahtana, Tehsil Firojpur
       Jhirka, District Nooh, Haryana.
                                                                ----Respondents

Connected With S.B. Criminal Bail Cancellation Application No. 51/2022 Harish Chandra Saini Son Of Shri Prabhati Lal Saini, Aged About 70 Years, Resident Of Ward No. 11, Police Station Tijara, District Alwar (Raj.)

---Complainnat-Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Akbar Khan Son Of Shri Ali Mohammad, Resident Of Fulawa, Police Station Tijara, District Alwar (Raj.)

----Respondents

For Petitioner(s) : Mr. Amitabh Jatav, Adv.

For Respondent(s) : Mr. Mangal Singh Saini, PP Mr. Prakash Chand Thakuriya, Adv.

     HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

                                    Order

ORDER RESERVED ON                        ::                      08.07.2022


ORDER PRONOUNCED ON                       ::                      12.07.2022

These Criminal Bail Cancellation Applications have been filed

by the complainant-petitioner under Section 439 (2) Cr.P.C.

(2 of 5) [CRLBC-50/2022]

against the order dated 18.02.2022 passed by learned Additional

Sessions Judge No.2, Tijara, District Alwar in Bail Application

Nos.53/2022, CIS No.113/2022 and 52/2022, CIS No.114/2022

for the Offence(s) under Sections 420, 467, 468, 471 and 120-B

of IPC whereby the learned Judge allowed the bail applications

filed by the accused-respondents under Section 438 Cr.P.C. arising

out from FIR No.173/2021 dated 09.03.2021 for offence(s) under

Sections 420, 406, 467, 468, 471, 120-B of IPC registered at

Police Station Tijara, District Police Bhiwadi, District Alwar.

Learned counsel for the complainant-petitioner submits that

learned Additional Sessions Judge wrongly allowed the petition

filed by the accused-respondents under Section 438 Cr.P.C. vide

order dated 18.02.2022. Learned counsel for the complainant-

petitioner also submits that accused-respondents had filed the

first anticipatory bail application along with other co-accused that

was withdrawn by the accused-respondents on 26.07.2021.

Learned counsel for the complainant-petitioner also submits that

after that, accused-respondent Akbar Khan had filed the 2 nd

anticipatory bail application before the learned Additional Sessions

Judge that was rejected by learned Additional Sessions Judge vide

order dated 17.08.2021 on merits. Learned counsel for the

complainant-petitioner also submits that after that, accused-

respondent Akbar Khan filed the anticipatory bail application

before this Court by challenging the order of learned Additional

Sessions Judge dated 17.08.2021. Learned counsel for the

complainant-petitioner also submits that the said application was

pending before this Court. At that time, accused-respondent Akbar

(3 of 5) [CRLBC-50/2022]

Khan again filed the 3rd anticipatory bail application before the

learned Additional Sessions Judge that was wrongly allowed by

learned Additional Sessions Judge vide order dated 18.02.2022.

Learned counsel for the complainant-petitioner also submits that

accused-respondent Lakhpat had also filed the 2nd anticipatory bail

application before the learned Additional Sessions Judge that was

also allowed by learned Additional Sessions Judge vide order

dated 18.02.2022. Learned counsel for the complainant-petitioner

also submits that pending application of this Court was withdrawn

on 09.02.2022. Learned counsel for the complainant-petitioner

also submits that 3rd bail application could not be filed before the

learned Additional Sessions Judge because bail of the accused-

respondent Akbar Khan was pending before this Court. Learned

counsel for the complainant-petitioner also submits that the 2 nd

bail application filed by the accused-respondent Akbar Khan was

decided on merits and learned Additional Sessions Judge in its

order dated 17.08.2021 clearly stated that on account of gravity

of offence, bail could not be granted to the accused-respondent.

Learned counsel for the complainant-petitioner also submits that

after that, learned Additional Sessions Judge wrongly allowed the

anticipatory bail application to the accused-respondent Akbar

Khan as well as accused-respondent Lakhpat because no change

in the circumstances took place. Learned counsel for the

complainant-petitioner also submits that the learned Additional

Sessions Judge without going into the merits merely granted the

bail that was not according to law. So, the bail granted by the

Additional Sessions Judge to the accused respondent Lakhpat as

well as accused-respondent Akbar be cancelled.

(4 of 5) [CRLBC-50/2022]

Learned counsel for the complainant-petitioner has relied

upon judgment passed by this Court in Suresh Chand & Ors. Vs.

State of Rajasthan decided on 14.03.2001.

Learned counsel for the accused-respondents has opposed

the arguments advanced by learned counsel for the complainant-

petitioner and submitted that order of learned trial court is

justified because co-accused were enlarged on bail under Section

439 Cr.P.C. Nothing is to be recovered from the accused-

respondents. Trial court rightly granted the bail to the accused-

respondents. So, bail cancellation applications be dismissed.

I have considered the arguments advanced by learned

counsel for the complainant-petitioner as well as learned counsel

for the accused-respondents.

It is an admitted position that first bail application filed by

the accused-respondent as well as co-accused was withdrawn and

the said application was dismissed. After that, accused-respondent

Akbar Khan had filed a fresh anticipatory bail application that was

dismissed by learned Additional Sessions Judge No.2, Tijara,

District Alwar vide order dated 17.08.2021 on merits. After that,

accused-respondent Akbar Khan filed a criminal miscellaneous bail

application before this Court that was pending. During pendency

of the said application, accused-respondent Akbar Khan filed 3 rd

anticipatory bail application before the learned Additional Sessions

Judge and accused-respondent Lakhpat filed 2nd bail application

before the learned Additional Sessions Judge. Learned Additional

Sessions Judge allowed the anticipatory bail application to the

accused-respondent Akbar Khan as well as accused-respondent

(5 of 5) [CRLBC-50/2022]

Lakhpat, ignoring the facts that he had rejected the bail

application of Akbar on merits. Learned Additional Sessions Judge

in its order only stated that co-accused Atar Khan and Noor

Mohammed were enlarged on bail under Section 439 Cr.P.C. and

no criminal antecedents of the co-accused were on record. In my

considered opinion, the learned Additional Sessions Judge

previously dismissed the bail application filed by the accused-

respondent Akbar Khan on merits. So, no change in the

circumstances took place, so, learned Additional Sessions Judge

acted arbitrarily and against the judicial propriety. So, the bail

granted by the learned Additional Sessions Judge to the accused-

respondents deserves to be cancelled.

The bail cancellation applications filed by the complainant-

petitioner are allowed and the order of learned Additional Sessions

Judge for granting the anticipatory bail application to the accused-

respondent Lakhpat as well as accused-respondent Akbar Khan

are cancelled.

Let a copy of this order be placed before Hon'ble the Chief

Justice for taking appropriate action against the learned Additional

Sessions Judge on the Administrative side as may be deemed fit

by His Lordship.

(NARENDRA SINGH DHADDHA),J

Jatin /6-7

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