Surya Kant, J. - (1.) In this petition under section 439(2) Cr.P.C., the prayer is for cancellation of bail granted to respondents No.3 and 4 vide order dated July 18, 2003 passed in Crl. Misc. No.44954-M of 2002 in the case, registered vide FIR No.68 dated 5.5.2002, under section 420, 406, 34 IPC at Police Station Kotwali, Ludhiana.
(2.) Notice was issued to respondents No.3 and 4 as well as to the State of Punjab. In reply to this petition, an affidavit has been filed by R.K. Sharma, DSP, City-1, Ludhiana, para 2 of which reads as follows:- "2. That in addition to the previous cases, the following three more cases are also pending:- (i)Case FIR No.199 dated 17.9.2004 under section 420,406,120-B IPC, P.S. Division No.6, Ludhiana is pending in the court of Ilaqa Magistrate, Ludhiana and the respondents No.3 and 4 in the present criminal miscellaneous have been declared as proclaimed offenders; (iv) Case FIR No.163 dated 13.10.2004 under section 420, 406, 467, 468, 120-B IPC, P.S. Salem Tabri, Ludhiana, proceedings for declaring respondents no.3 and 4 as proclaimed offenders are pending; (v) Case FIR No.37 dated 12.4.2005 under section 279, 337, 307, 120-B IPC, P.S. Kotwali, Ludhiana has been registered against respondents No.3 and 4 and challan/final report is being presented in court shortly."
(3.) From the above reproduced contents of the affidavit, it is apparent that respondents No.3 and 4 have misused the concession of bail granted by this court on July 18, 2003 in-as-much as they are found to be involved in atleast three more criminal cases registered thereafter.;