A person who is granted bail by a court of law after being convicted for a serious charge like murder should conduct himself in a peaceful manner and should refrain from re-indulging in criminal activities.

JUDGMENT

Sandeep Mehta, J. - These three miscellaneous applications have been filed by applicant Mr. Fakir Mohammed seeking cancellation of bail granted to the following four accused :-

(i) Riyaz Ahmed (D.B. Criminal Misc. Application for cancellation of Suspension of Sentence No.233/2019)

(ii) Siraj Ahmed (D.B. Criminal Misc. Application for cancellation of Suspension of Sentence No.234/2019)

(iii) Khan Bahadur (D.B. Criminal Misc. Application for cancellation of Suspension of Sentence No.234/2019)

(iv) Imtiyaz Ahmed (D.B. Criminal Misc. Application for cancellation of Suspension of Sentence No.235/2019)

2. The respondent accused were convicted by the learned Additional Sessions Judge (Fast Track), Banswara vide judgment dated 07.11.2006 for the following offences and were sentenced to various terms of imprisonment with the maximum being the life imprisonment for the charge under Section 302 or 302/34 IPC :

(i) Riyaz Ahmed : Sections 302/34 and 324/34 IPC

(ii) Siraj Ahmed : Sections 302/34 and 324 IPC

(iii) Khan Bahadur : Sections 302/34 and 324/34 IPC

(iv) Imtiyaz : Sections 302 and 324 IPC

3. The applicant-complainant has moved these applications for cancellation of bail granted to the respondents accused on the ground that they have indulged in numerous criminal activities during the pendency of this appeal and they have flouted the conditions of the bail orders whereby their sentences were suspended by this court.

4. Mr. Sikandar Khan, learned counsel representing the applicant-complainant, vehemently and fervently urged that if a person convicted for the serious charge of murder reindulges in criminal activities repeatedly even after being released on bail, then this court can exercise powers under Section 439 (2) CrPC so as to cancel the bail granted to such person/persons. He contends that two cases involving the offence under Section 302 IPC have been registered against the accused. In addition thereto, various other cases for serious offences including the offence under Section 307 IPC have also been registered against them while they were enjoying freedom by effect of the orders of suspension of sentences passed by this court in the instant appeal. He, thus, urged that the accused have blatantly misused the liberty so granted to them by this court and hence, they do not deserve to remain on bail during the pendency of this appeal.

5. Mr. Shaitan Singh Badgujar, learned counsel representing the respondents, is not in a position to dispute the fact that a large number of criminal cases, including two for the offences under Section 302 IPC, have been registered against the respondents accused during pendency of the instant appeal, but his contention was that merely because some criminal cases have been registered against the accused during this interregnum, that by itself cannot be a ground so as to recall or cancel the order of suspension of sentences passed in their favour by this court after conscious application of mind. He contended that it was not stipulated in the orders of suspension of sentences that the accused would not re-indulge in any other criminal case during the pendency of the appeal or that in case, they are found so involved, then it would tantamount to breach of the conditions of the bail order. He further submitted that even in the fresh cases, which have been registered against the accused during this period, they have been enlarged on bail by the trial court as well as by this court on different occasions. He further submitted that as a matter of fact, the complainants of the subsequent cases, which were lodged against the accused for oblique motives, have used the applicant-complainant Mr. Fakir Mohammed as a tool to get these cancellation applications filed because the accused were granted bail by this court in the subsequent cases finding that there was no material available on record to connect them with the crime. He, thus, implored the court to reject the applications for cancellation of ba