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2019 Supreme(HP) 154

TARLOK SINGH CHAUHAN
Satish Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
Vijay Chaudhary, Adv., Vinod Thakur, Adv., Sudhir Bhatnagar, Adv., Bhupinder Thakur, Adv.

JUDGMENT :

Tarlok Singh Chauhan, J.

The impugned order passed by learned Sessions Judge, Chamba, to say the least, has been passed in the most reckless manner bordering on brazenness and above all without any sanctity or authority of law.

2. After having recorded the statements of two witnesses, the Court below noticed that smell of alcohol was emanating from the mouth of the accused and he straightway proceeded to cancel the bail granted to the petitioner by observing as under:

"At this stage, the smell of alcohol is badly emanating from the mouth of accused. The act and conduct of the accused while appearing in this Court under the state of intoxication in a Sessions Trial being faced by him, is not upto the mark. As such, he is not entitled to enjoy the discretionary relief of bail granted by this Court. Henceforth, his bail bonds are cancelled and forfeited to the State of HP and he is committed to judicial custody till 27.3.2019. Jail warrant be prepared accordingly ."

3. I really fail to understand as to under which provision of law and under what authority has the Sessions Judge proceeded to cancel the bail which had earlier been granted to the petitioner on 8.5.2015.

4. If at a














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