Joymalya Bagchi, J. - (1.) Order dated 10.08.2016 passed by the learned Additional District and Session Judge, Diamond Harbour, South 24-Parganas in ST Case No.03(3) of 2016 cancelling bail of the petitioner on the ground of suppression of the material fact has been assailed.
(2.) Learned Counsel appearing for the petitioner submits that the bail was granted to his client on 16.05.2016 as other accused persons had been released on bail. The grant of bail to the other accused persons was a change of circumstance since the rejection of his prayer of bail by this Court on 20.01.2016 and, therefore, non-disclosure of such rejection of bail ought not to be a ground for cancellation. It is further argued that cancellation of grant bail for suppression of material fact could not to have been agitated before the same Court itself in view of law declared in (2015)1 SCC (Criminal) 257 : (2014)10 SCC 754 (Abdul Basit alias Raju & Ors. v. Mohd. Abdul Kadir Chaudhary & Anr.).
(3.) On the other hand, learned Counsel appearing for the opposite party no. 2 submits that suppression of rejection of an earlier order of bail by this Court rendered the order for granting bail to the petitioner void ab initio as it was procured by fraud and suppression of material fact. He further submits that the issue canvassed as change of circumstance did not render the earlier rejection of bail by the superior Court redundant. He accordingly prayed for dismissal of the application.;