NIRMAL YADAV, J. - (1.) THROUGH this petition filed under Section 439(2) read with Section 482 of the Code of Criminal Procedure, petitioner has prayed for cancellation of bail granted to respondent No. 2 vide order dated 6.9.2003 (Annexure P-9) passed by Additional Sessions Judge, Rewari, in a criminal complaint under Sections 420/406/409/120-B of the Indian Penal Code.
(2.) PETITIONER filed a complaint before the trial Court against the accused persons under Sections 420/406/409/120-B IPC of the Indian Penal Code. On appreciation of preliminary evidence adduced by the complainant, the trial Magistrate, vide this order dated 6.7.2000, summoned the accused persons, including respondent No. 2 Mahender Singh for offences punishable under Sections 420/406/409/120-B of the Indian Penal Code. Respondent No. 2 evaded service for more than three years and did not appear before the trial Court. It was only after the non-bailable warrants were issued against the accused persons including respondent No. 2 that they surrendered before the trial Magistrate on 3.5.2003. Respondent No. 2 applied for bail, which was dismissed by the trial Magistrate vide order dated 5.8.2003. Respondent No. 2 moved another bail application bearing No. 187 dated 6.8.2003, which came up for hearing before the Court of Shri Rajender Parshad, Additional Sessions Judge, Rewari. Learned counsel for respondent No. 2 got the bail application dismissed as withdrawn vide order dated 18.8.2003. Then another Bail Application bearing No. 210 dated 26.8.2003 was moved by respondent No. 2 Mahender Singh. Notice of the same was given to the State counsel by the Court of Shri K.R. Goyal, Additional Sessions Judge, Rewari for 2.9.2003, a copy of which is annexed with the petition as Annexure P-4. The said application was dismissed as withdrawn by the Court of Shri K.R. Goyal, Additional Sessions Judge, Rewari on the statement made by counsel for respondent No. 2, on 2.9.2003. In the meantime, another bail application bearing No. 215 dated 2.9.2003 was moved by respondent No. 2, which came up for hearing before the Court of Shri Rajender Parshad, Additional Sessions Judge, Rewari. On the statement of the counsel for the applicant, Shri Rajender Parshad, Additional Sessions Judge, passed an order dated 2.9.2003, itself, dismissing the bail petition as withdrawn. Respondent No. 2 then moved fourth bail application bearing No. 209 on 3.9.2003, which was listed before Shri Deepak Gupta, Additional Sessions Judge, Rewari. The learned Additional Sessions Judge, vide order dated 6.9.2003, granted bail to respondent No. 2, a copy of which is annexed with the petition as Annexure P-9.
(3.) FROM the facts narrated above, it abundantly clear that respondent No. 2 filed four bail applications in all, out of which three applications were got dismissed as withdrawn and thereafter he moved fourth bail application, which was listed before the Court of Shri Deepak Gupta, Additional Sessions Judge, Rewari and was allowed vide order dated 6.9.2003. Aggrieved by the said order, petitioner Parveen Kumar has moved this petition mainly on the ground that respondent No. 2 Mahender Singh has concealed true facts and played fraud on the Court.;