JUDGMENT :

Manoj Kumar Vyas, J.

1. According to brief facts of the case, DB Criminal Appeal No. 594/2009 was filed by the non applicant-accused against his conviction and sentence vide judgment and order dated 30th March 2009 passed in Sessions Case No. 3/2006 by learned Additional Sessions Judge (Fast Track) No. 2, Kota for commission of offence under Section 302 of IPC, by which, the non applicant-accused was sentenced to life imprisonment. The case originated out of F.I.R. No. 477/2005 registered under Section 302/34 of IPC dated 25.09.2005 registered at Police Station Gumanpura, District Kota. Charge-sheet was submitted in the concerned court. In this appeal, non-applicant filed an application for suspension of sentence vide misc. application No. 831/2012 before this Court and this Court dismissed the application for suspension of sentence vide order dated 21.11.2013.

2. Aggrieved against this order dated 21.11.2013, non-applicant preferred Special Leave Petition (Criminal) No. 1334/2014 (subsequently converted into criminal appeal No. 561/2014) before the Hon'ble Supreme Court. Hon'ble Supreme Court vide order dated 07.03.2014 granted bail. In compliance of the direction of Hon'ble Supreme Court, the non-applicant was released on conditions enumerated in the order.

3. After his release on bail in criminal appeal No. 561/2014 vide order dated 07.03.2014, another F.I.R. was registered against present non applicant accused, which was numbered as F.I.R. No. 493 dated 4th September, 2018 at Police Station Nayapura, District Kota under Sections 307, 147, 148, 149, 247 read with Section 3/25 of Arms Act and charge-sheet was filed against the non-applicant as well as other accused persons. Thereafter, two other F.I.Rs. were filed, which were F.I.R. Nos. 164/2019 and 228/2020 and in these F.I.Rs., after investigation, charge-sheet was filed against the non applicant-accused for offence of, inter-alia, threatening eye-witnesses of criminal case in F.I.R. No. 493/2018.

4. Accused non-applicant filed an application before this court under Section 439 of Cr.P.C. in F.I.R. No. 493/2018, which was allowed vide order dated 15.03.2019. Non-applicant intentionally concealed the fact from this court that another F.I.R. No. 164/2019 had already been registered against him for threatening the eye-witnesses of the incident in the case under Sections 307, 147, 148, 149 and 247 of IPC read with Section 3/25 of the Arms Act vide F.I.R. No. 493/2018. Therefore, Criminal Misc. Bail Cancellation Application was filed in F.I.R. No. 493/2018, which is pending for consideration.

5. Non-applicant in F.I.R. No. 164/2019 has been granted bail vide order dated 30.06.2020 by this Court in SB Criminal Appeal No. 786/2020. Aggrieved against the order dated 30.06.2020, the State filed Special Leave to Appeal (Crl.) No(s). 4857/2020. The Special Appeal came up for hearing on 02.11.2020 before the Hon'ble Supreme Court wherein, the Hon'ble Supreme Court was pleased to grant liberty to the State of Rajasthan to file appropriate application for recalling the order dated 07.03.2014 passed by Hon'ble Supreme Court. Now, vide order dated 04.12.2020, the Hon'ble Supreme Court disposed of the misc. application No. 2197/2020 with an observation that "we permit the applicant-State to file appropriate application before the High Court for cancellation of bail in pending criminal appeal No. 494/2009. The application be filed within one week from today". Hence this DB Criminal Misc. Bail Cancellation Application has been preferred in DB Criminal Appeal No. 594/2009.

6. It has been submitted on behalf of applicant-State that Hon'ble Supreme Court granted bail to the non-applicant which obviously was on condition not to indulge in any other criminal activity while on bail but non-applicant misused the liberty of bail granted by Hon'ble Supreme Court and had committed serious crimes even after he was released on bail. It is also submitted that non applicant-accused is a history-sheet