- (1.) Two applications for cancellation of bail under section 439(2) read with Section 482 of the Code of Criminal Procedure have been filed by Mrs. Bharti Tamang wife of late Madan Tamang. The bail orders which have been sought to be cancelled, were passed by the learned Sessions Judge, Darjeeling on 18.5. 2013 in Criminal Misc. Case No. 392 of 2013 and on 30.5.2013 in Criminal Misc. Case No. 432 of 2013. Both the orders were passed in connection with Sadar (Darjeeling) Police Station case no. 89 of 2010 corresponding to G.R. Case 148 of 2010 under sections 147,148,149,427,506,302,32 and 120 B of the Indian Penal Code. Since the bail orders mentioned above which are sought to be cancelled by two applications have been passed in same case, we propose to dispose of both the applications by this common order.
(2.) The learned Sessions Judge, Darjeeling by an order dated 18.5.2013 granted interim anticipatory bail in favour of accused Alok Kanta Mani Thulung @ Rai, Keshav Raj Pokhrel, Puranthami and Kismat Chettri while by another order dated 30.5.2013 accused Dinesh Gurung Karate Kaila was granted anticipatory bail by the learned Sessions Judge, Darjeeling.
(3.) The petitioner Mrs. Bharti Tamang has taken out the applications above praying for cancellation of their bail mainly on the grounds a) that while granting bail, the learned Sessions judge did not apply his judicial mind; b) that the bail orders are absolutely perverse and contrary to the principles of law; c) that the learned Sessions Judge ignored the materials and evidence on record without giving reason; and d) that the C.B.I. being the Investigating Agency in the case, was not given any opportunity to be heard; ;