9911796707
TMI Blog2005 (4) TMI 645X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 dated 19-5-2004 by which order the High Court cancelled the bail granted to the appellant earlier by itself on 19-9-2003. Basic facts necessary for the disposal of this appeal are as follows :- It is stated by the prosecution that the petitioner is an accused in Hajipur (T) P.S. Case No. 71 of 1993 which was registered U/s 302, 307, 120B of the I.P.C. and Section 27 of the Arms Act on the basis of a complaint given by one Raj Kishore Rai on 6-3-1993 wherein it is stated that the appellant along with some others had murdered his brother Ram Davan Rai. Pursuant to the said complaint so far as the present appellant is concerned a charge-sheet was filed only on 11th July, 2003 nearly 10 years after the date of alleged incidence. On coming ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the change in the hierarchy of police i.e. when an impartial investigating agency came into picture. It was also urged that the appellant had suppressed material facts while obtaining the bail from the High Court in as much as the appellant did not disclose that in the connected criminal trial the co- accused have been found guilty of an offence under Section 302 etc. and that since the date of the appellant's surrender pursuant to the direction issued by the High Court on 17th of July, 2003, the appellant and his musclemen have been threatening the witnesses and preventing the complainant from pursuing the case against the appellant. It was also stated in the said application for cancellation of bail that two complaints have already ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5-11-2003 nearly a month after the two alleged complaints of threat were lodged, hence, no reliance could have been placed on such a pre planned complaint. It is also submitted on behalf of the appellant that though the appellant was included in the First Information Report filed in the year 1993, the investigating agency could not find any material against the appellant, hence no charge-sheet was filed against the appellant for nearly 10 years until the same was done on 11-7-2003, this too because of the fact that that the investigating Police officer was annoyed with the appellant because of a privilege motion brought against the said police officer in the assembly at the instance of the appellant as a Member of the Legislative Assembly, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of bail that the witnesses in the case had received threats from the appellant and his henchmen, this is supported by two complaints filed by him before the police dated 10-10-2003 and 13-10-2003. But as contended by the learned counsel for the appellant these two complaints cannot be accepted ex-facie because on the dates mentioned in those complaints the appellant was still in jail and was not yet released on bail though the High Court had granted him bail, therefore, the question of the appellant administering threats to the witnesses as alleged by the complainant cannot be accepted. The next ground on which the High Court considered it appropriate to cancel the bail is the fact that the appellant had not brought to its notice that in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce given by the witnesses in that trial in which appellant was not an accused can be construed as material sufficient to cancel the bail. 9. Learned counsel for the respondent then pointed out that the appellant was absconding since the date of incident, hence, investigation as against him could not be concluded for the last many years, and if he is released there is a possibility of he again absconding. This argument, in our opinion, runs counter to the material on record. Since the filing of the complaint in the year 1993, 7 earlier charge- sheets were filed against various accused mentioned in the complaint and in all these charge-sheets, last of which was on 31.3.2003, the appellant's name was shown in Col. No. 2 as an accused ag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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