- (1.) This is a petition under Section 482 Cr.P.C. for quashing and setting aside of order dated 21.5.2001 passed by the Special Judge, Ambala whereby the bail earlier granted to the petitioner in RC- 6(5)/98/Sill-V/SIC-II/C.B.I. dated 5.6.1998 in a case titled C.B.I. v. Chander Bhatia and others was cancelled.
(2.) On the written complaint of Mamta Arora a case was registered on 7.10.1997 in police station NIT Faridabad. The relevant part of the complaint reads as under : "It is submitted that I, Mamta Arora, am Editor of Rashtriya Janadesh Bureau (a newspaper) and running in 5 D/8A, NIT Faridabad. Legislator Chander Bhatia, brother Rajesh Bhatia, nephew Navin Bhatia and eight other persons have forcibly taken possession of our office and looted goods worth Rs. 68 lacs along with our office, our Summo vehicle, scooters as well as Rs. 42,000/- in cash which was lying in the almirah. Legislator Chander Bhatia was also with them. Our two security personnel, namely Titu (Narinder) and another have been kidnapped and taken away by them. We do not have any information about their well being. Even earlier, Chander Bhatia Legislator, Bunti son of Ram Sharan Bhatia, Advocate Ram Kumar Malhotra and others were extending threats to our lives. We have conveyed the information to the administration about the same. Kindly take legal action against the accused. Our goods and our employees be got returned to us." The petitioner was also arrayed as an accused. The petitioner moved an application for bail before Special Judicial Magistrate, CBI, Ambala. The same was dismissed vide order dated 2.5.2001. The petitioner applied for bail before Special Judge, Ambala who vide order dated 8.5.2001 allowed bail.
(3.) K.K. Jhanji moved an application Annexure P-5 before Special Judge, Ambala on 16.5.2001 on the ground that the petitioner has threatened him for dire consequences and that he will show his power and requested that the bail of the petitioner may be concelled. The petitioner filed reply Annexure P-6 to the application and the learned Special Judge, after hearing the petitioner and counsel for the complainant as well as the counsel for the C.B.I. cancelled the bail order on the ground that the petitioner has misused the concession of bail, aggrieved by which, the present petition has been filed.;