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2005 Supreme(SC) 717

Supreme Court Of India
P. VENKATARAMA REDDI AND A.K. MATHUR, JJ.
BILASH GUPTA ALIAS RAM BILASH GUPTA- Appellant
Versus
STATE OF JHARKHAND AND ANOTHER - Respondents
Criminal Appeal No. 621 of 2005,
Decided on April 25, 2005

Headnote:

Criminal Procedure Code, 1973, Section 438 - Cancellation of Anticipatory bail - Bail cancelled by High Court on the ground that appellant misused the privilege of bail by threatening informant and other witness - Such observation based on reports of police officers - Both the reports not clear enough to indicate that the threats were received against the witnesses- Therefore order of the High Court set aside and matter remitted back to the High Court for reconsideration [Para 1]

ORDER

1. Leave granted.

2. The anticipatory bail granted to the appellant herein was cancelled by the High Court by the impugned order on the ground that the appellant has been threatening the informant and other witnesses and, therefore, the privilege of bail has been misused. This observation of the High Court is based on the report of the Superintendent of Police, Sahebganj (filed as Annexure P-9 to the special leave petition) which in turn refers to the inquiry report of the police officer, in charge of Mirzapur Police Station. We have gone through the reports. As both the reports are not clear enough to indicate that the threats were received against the witnesses, we are of the view that this is a fit case in which the High Court should re-examine the matter in the light of the reports on record and any further report that may be called for by the High Court. The order of the High Court is, therefore, set aside without expressing any view on the merits of the case. The matter is remitted to the High Court to be disposed of as expeditiously as possible. The appeal is disposed of accordingly.

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