- (1.) This order disposes of Criminal Misc. Bail Cancellation Application No. 78419 of 2001 which involves adjudication of following questions :- (i) Whether in the peculiar facts and circumstances we will be justified, instead of disposing of this application, in taking up hearing of Criminal Appeal No. 282 of 1991, which stood listed at Serial No. 182 of our list out of turn in preference to Criminal Appeals of the year 1981 ? (ii) Whether the High Court has jurisdiction to cancel the bails which were granted to the appellants at the time of admission of their Criminal Appeal No. 282 of 1991 ? and (iii) Whether, if the answer to question No. (ii) is in the affirmative, in the peculiar facts and circumstances we should exercise that jurisdiction ?
(2.) Firstly the facts :- Through this application, filed on 20-8-2001, the informant Rakesh Pal Singh of Sessions Trial No. 358 of 2001 of the Court of Session Aligarh, who is uncle of the Informant of the case giving rise to the Criminal Appeal, has come up with a prayer to cancel the bails granted to the appellants and send them to jail asserting, inter alia, to the following effect :- (i) His own elder brother Amrit Pal Singh was brutally murdered in broad day light on 1-7-1989 by Appellant Nos. 1 to 5 Raj Pal, Bhojraj alias Pappu, Rishi Pal, Jagannath Kahar and Ashok Kumar respectively which was witnessed by his own son Sushil Kumar alias Pintoo, then aged 11 years (PW 4), and his nephew Satendra Pal Singh (PW 3), who was Informant, Vijendra Pal Singh (PW 6). By the Judgment and Order dated 21-2-1991 passed by Sri Pradumn Kumar, Special Judge (E.C. Act) Aligarh the Appellants were found guilty and convicted and sentenced to undergo imprisonment for life under Sections 302/149, I.P.C., Rigorous Imprisonment for 5 years under Sections 307/149, I.P.C. and Rigorous Imprisonment for 2 years under Section 148, I.P.C. directing the sentences to run concurrently. (ii) The appellants preferred Criminal Appeal No. 282 of 1991, which was admitted and they were granted bail. (iii) Thereafter on several occasions the appellants threatened the applicant and his son Sushil Kumar alias Pintoo for dire consequences pressurising them not to do pairvies in this appeal. Sushil Kumar alias Pintoo was shifted to Agra where he completed his studies. The appellant orally requested the Station Officer P.S. Hathras Junction but no First Information Report was lodged by him. An Application dated 27-4-2001 (as contained in Annexure 1) was also filed for expediting the final hearing of the Criminal Appeal by Satendra Pal Singh PW 3 - (the son of the deceased Amrit Pal Singh) and Hon'ble the Chief Justice realizing the gravity of the matter was pleased to expedite the hearing of the Criminal Appeal. (iv) On 19-7-2001 Sushil Kumar alias Pintoo (PW 4) who was doing pairvi in the appeal and was an eye-witness came to village from Agra and was murdered by Appellant Nos. 1 to 3 and 5 in broad day light and a First Information Report dated 19-7-2001 (as contained in Annexure 2) was lodged against them. (v) Appellant Nos. 1 to 5 are hardened criminals who have formed a criminal gang in the village and threatened the applicant and his family members on several occasions as a result of which the applicant and the members of his family had restricted their movement. (vi) The applicant after the murder started doing pairvi in this Criminal Appeal and the other murder case and apprehends another murder. (vii) Since the appellants have misused their bail, thus, it would be expedient in the interest of justice that their bail be cancelled forthwith.
(3.) On 3-4-2002 the appellants filed their Counter Affidavit and Supplementary Counter Affidavit along with a request for condonation of delay occurred in its filing, asserting inter alia, to the effect that they have been falsely implicated, since the hearing of the appeal has been expedited and even though it was listed a number of times for hearing but could not be taken up and thus under that impression no Counter Affidavit was filed by them; all the appellants, except appellant Raj Pal Singh, who is aged 75 years, have been implicated in a case under the Gangster Act and they have not been released on bail till date; it has been wrongly stated that they have threatened the informant's side; 4 out of them have been implicated in regard to murder of Sushil Kumar alias Pintoo in which they have been granted bail by this Court, a false case has been cooked up just to get their bails cancelled although they have never misused the privilege of the bail granted to them; and that the application has no force and is liable to be rejected.;