PRAKASH CHAND Vs. RADHA KISHAN

JUDGEMENT

(1.) THIS is an application by complainant Prakash Chand, for cancellation of bail of Radhakishan, granted by this Court,in SB Cr. Misc. Bail Application No. 681 of 1991.

(2.) S. B. Cr. Misc. Bail Application No. 681/91 was filed by Radhakishan in this Court, on 5th Mar. , 91. In the foot-note of the bail application, it was mentioned that no such bail application had been filed previously. There was foot-note No. 2 to the effect that SB Cr. Misc. Bail Application No. 376/91 decided on 8th Feb. , 91, might be tagged with the bail application.

(3.) THE counsel for Radhakishan showed to me a letter dated 2nd Mar. , 91,sent by Shri Beharilal Gupta, Advocate, to Shri KK Mehrish, Advocate. In this letter, Shri Beharilal Gupta wrote that two co-accused, Nandkishore and Prabhu had already been released by the orders of the High Court, dated 8th Feb. 91, and therefore, he had noted the number of their bail-application from the record of the copy of the bail order. Shri Beharilal Gupta mentioned that if Shri Mehrish did not find it necessary, he should get it removed, or else, the application be filed as early as possible. According to the counsel for Radhakishan, it was under the belief of this letter that Radheyshyam Sharma, Clerk of Shri KK Mehrish, Advocate, made a note that no such bail application was filed earlier.