- (1.) This is an application under section 439(2) of the Code of Criminal Procedure, 1973 for cancellation of bail granted to the respondent No. 1 (Gurdip Singh Saluja @ Dip) in connection with Siliguri P.S. Case No. 446 of 2010 dated 05.8.2010 under sections 302/120B of the Indian Penal Code corresponding to G.R. Case No. 1302 of 2010 granted by the learned Additional Sessions Judge, 1st Court, Siliguri on 10.01.2011. At this stage, we are not inclined to deal with the facts because in an application for cancellation of bail, the same has to be dealt with on the basis of the grounds made out therein. We have noticed that this Court had rejected the prayer for anticipatory bail of the respondent No. 1 on 13.9.2010. Thereafter on 02.12.2010, the learned Sessions Judge, Darjeeling rejected the prayer for bail vide Criminal Misc. Case No. 365 of 2010.
(2.) On 23.12.2010 the learned Sessions Judge, Darjeeling vide Order No. 4 passed in Criminal Misc. Case No. 405 of 2010 considered the bail application once again and duly recorded that the charge sheet had been submitted under sections 302/120B but, at the same time, refused to grant bail to him. These two rejections mentioned earlier were, therefore, made on 02.12.2010 and 23.12.2010, respectively. Thereafter and within 13(thirteen) days, on 05.01.2011, the respondent No. 1 again filed a bail application being Criminal Misc. Case No. 11(1) of 2011 and in that application, paragraphs 3 to 6 are relevant to be noted. They read as follows: 3. That thereafter your petitioner, with the apprehension of his arrest in connection with the above referred case, filed an application for anticipatory bail under section 438 Cr.P.C. before the Hon'ble High Court at Calcutta and ultimately the Hon'ble Court, by an Order dated 13.9.2010, was pleased to reject the anticipatory bail to your petitioner and your petitioner was directed to surrender before the learned A.C.J.M., Siliguri. 4. That your petitioner, in compliance with the aforesaid Order of the Hon'ble High Court at Calcutta, voluntarily surrendered before the learned A.C.J.M. at Siliguri on 24.9.2010 and prayed for bail, but the learned A.C.J.M., Siliguri, after hearing of both sides, was pleased to reject the bail application and your petitioner was remanded to J/C till 08.10.2010. 5. That in the meantime on 21.12.2010, the Investigation Officer of the case, Sri Swapan Kumar Ghosh, Inspector of Police, DEB, Sadar, Darjeeling, after completion of the investigation, submitted Charge Sheet being No. 497/10 dated 21.12.2010 under section 302/120B of the IPC against altogether 3 (three) persons including your petitioner. 6. That thereafter on 24.12.2010, your petitioner filed a bail application before the Ld. Court below and the said application was considered and rejected. (Quoted)
(3.) Upon a perusal of the aforementioned paragraphs it is evident that the respondent No. 1 mentioned the fact that his anticipatory bail application was rejected by the High Court on 13.9.2010. It is further evident that the respondent no. 1 also disclosed that after rejection, he voluntarily surrendered on 24.9.2010 and prayed for bail before the learned ACJM, Siliguri who however, rejected his prayer for bail on 08.10.2010. The respondent No. 1 has also mentioned that he filed another bail application, which was rejected by the learned Court below and he has stated that this bail application was filed on 24.12.2010. However, this obviously refers to the order of rejection made on 24.12.2010 by the learned ACJM at Siliguri. This would be evident from paragraph 3 of the application filed by this applicant (quoted below) and which was filed before the learned Additional District and Sessions Judge, 1st Court at Siliguri in Criminal Misc. Case No. 31(1)/2011. The certified copy of the said application is on record and paragraph 3 thereof is relevant to be taken into consideration for that purpose. The same reads as follows: 3. That of late the bail prayer on behalf of the accused person was made on 09.12.2010 before the learned District & Sessions Judge, Darjeeling under section 439 Cr.P.C. being Crl. Misc. Case No. 405/10. During the pendency of the said application for bail the Investigating Officer submitted the charge sheet on 21.12.2010. However on 23.12.2010 said application for bail was hard and the same was also rejected on the ground of filing of the Charge Sheet within the statutory period of 90 days and for the offence punishable under section 302/120B I.P.C. as well as considering the facts and circumstances and nature of the case. It is pertinent to mentioned that the accused person's submission for consideration of serious illness and detention in jail custody for 91 days as well as said medical grounds was strongly opposed by the Ld. P.P. there in and the Ld. Court virtually considered all those submissions while rejecting the petition for bail. The bail prayer of the accused person then on 24.12.2010 was also rejected by the Ld. A.C.J.M. at Siliguri. (Quoted but underlining is by this Court);