Bail granted based on misleading information can be revoked to uphold judicial integrity and ensure accurate legal proceedings.

ORDER :

FARJAND ALI, J.

1. The instant application has been preferred on behalf of the complainant seeking cancellation of bail granted by this Court vide order dated 24.05.2022 passed in SBCRLMB No.8080/2022 by keeping the Court in dark and not placing the true facts before the Court while obtaining an order by hiding the correct facts.

2. Heard learned counsel for the parties and perused the material available on record.

3. It is revealing that the bail application preferred on behalf of the accused-respondent Mahesh came to be allowed by this Court vide order dated 24.05.2022 passed in SBCRLMB No.8080/2022. The same is being reproduced hereunder:-

“1. The instant bail application has been filed by the petitioner Mahesh S/o Shri Rameshwar Gurjar under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.373/2021 registered at Police Station Hindaun City, Karauli for the offence(s) under Sections 147, 148, 149, 323, 341, 307 and 302 IPC.

2. Learned counsel for the petitioner submits that a false case has been foisted against the petitioner. He has nothing to do with the alleged offences and no useful purpose would be served by keeping him behind the bars. The other co-accused persons have already been released on bail.

3. Per contra, learned Public Prosecutor opposed the bail application.

4. Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long time to conclude, this court deems it just and proper to enlarge the petitioner on bail.

5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.”

4. It is revealing that on 24.05.2022, the above application was listed in Cause List at Sr. No.171. It was morning hours of the Court and due to heavy board and paucity of time, the matter was not taken up as having not reached during the course of regular hearing. It has been the practice prevalent in the High Court that while rising the Court, the learned counsel appearing for the different matters makes a mention for taking up their cases. With a view to ensure that no matters having genuine urgency or related to personal liberty are left out or deprived of hearing, this Court often permits mentioning of certain cases at the time of rising of the Court. This includes those cases where the parties have settled the dispute based on compromise and are covered under the judgment passed by Hon’ble the Supreme Court in the case of Gain Singh Vs. State of Punjab as well as the cases in which similarly situated accused have been enlarged on bail and some cases of petty nature.

5. This Court by jogging its memory, skimming through the record of the case as well as tallying the facts submitted as above, comes to KNOW that on 24.05.2022, the matter could not be reached during regular hearing but at the time of rising of the Court, learned counsel appearing for the accused respondent made a mention that several accused persons, whose case is not distinguishable to the case of the accused Mahesh have been enlarged on bail, therefore, on the ground of parity and to maintain judicial consistency and parity, this Court; believing the statement made by the learned counsel to be true and correct allowed the bail application on the ground of parity.

6. As a matter of fact while granting bail to the accused Veer Singh, Bablu, Samay Singh, Ramfal, Smt. Jaggo this Court had minutely gone through the facts of the case and whereafter the bail applications of the aforesaid accused were allowed but at the same time, it was observed that the death of the deceased had occurred due to multiple firearm injuries specifically attributed to accu