9911796707
TMI Blog2004 (8) TMI 776X X X X Extracts X X X X X X X X Extracts X X X X ..... s: On 20.11.2000 one Hanumant Vithal Choudhary (hereinafter referred to as the 'deceased') met homicidal death due to attack by several persons. The law was set into motion against six persons including the respondents. Though they were specifically named in the first information report implicating them as accused, they could not be arrested till 3.5.2002 and 20.5.2002 respectively allegedly on the ground that they had absconded. After they were arrested, test identification parade was conducted where they were identified. Charge-sheet has been filed indicating commission of offences punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC'). While the matter stood thus the respondents filed an applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It was further pointed out that one of the accused Sitaram Vetal was not attending the Court regularly and for the last three preceding dates he has not appeared before the Court. 5. Learned counsel for the respondents submitted that the order granting bail was passed long back and merely because certain allegations have been made that does not prove the accused to be guilty as false cases have been foisted because of political rivalry and, therefore, the subsequent cases have no relevance. 6. There is a need to indicate in the order, reasons for prima facie concluding why bail was being granted particularly where an accused was charged of having committed a serious offence. It is necessary for the courts dealing with application for bail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... foisted because of political rivalry. Further, the antecedents of the present respondents though noticed were also lightly brushed aside on the ground that they were not of recent past. Even though criminal antecedents are always not determinative of the question whether bail is to be granted, yet their relevance cannot be totally ignored. It was submitted that the accused Sitaram Vetal is not appearing in Court on the date fixed. If that is really so, it is open to the trial Court to take such action as is available to be taken in law. 10. Looked at from the above angle, the grant of bail to the respondents does not appear to be in order. Accordingly, the order of the High Court granting bail to the respondents is set aside. The appeal is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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