Mahesh Bhagwati, J. - (1.) Since both the aforesaid petitions filed under Section 439(2) of Cr.P.C. by the petitioner Ramniwas seeking cancellation of bail of the respondents namely Gumana Ram and Bhonri Lal who have been granted bail vide orders dated 29.04.2009 and 21.04.2009 rendered by the learned Special Judge, Prevention of SC/ST Cases, Dausa arise out of and pertain to one FIR No.99/2008 of police station Ramgarh Pachwara, District Dausa registered in the offences under Sections 147, 148, 341, 323, 325/149, 307/149, 302/149 and Section 3(2)(5) of SC/ST Act, they are being disposed of by this common order.
(2.) Heard the learned counsel for the petitioner, learned counsel for the respondents as also learned Public Prosecutor appearing for the State and perused the relevant provisions of law as also relevant material available on record.
(3.) Learned counsel for the petitioner has craved the cancellation of bail on the following grounds:- (i) That the first bail petition of respondents Bhonri Lal and Gumana Ram was dismissed by the High court vide its order dated 24th September, 2008 and liberty was granted to them to file fresh bail application before the court below after framing of charge. (ii) That the second bail petition was filed by the respondents but it was not pressed by the learned counsel and the same was dismissed as not pressed vide order dated December, 2008. (iii) That the respondents moved third bail petition but the same was also dismissed by the High Court vide order dated 4th February, 2009. Similarly, respondent Bhonri Lal presented fourth bail application before the High Court and it was also dismissed on 15th April, 2009. The last bail petition of respondent Bhonri Lal was dismissed on 15th April, 2009 and in spite of there being no change in fact situation, the learned Special Judge (SC/ST) Cases, Dausa allowed the bail to both the respondents on 21st April, 2009. Albeit, the respondent Bhonri Lal was granted liberty to move fresh bail application before the trial court but the respondent Gumana Ram was not even granted liberty and then also he was granted bail that too in a heinous offence of murder, punishable under Section 302 of IPC. (iv) That the learned court below has granted the bail to the respondents against the judicial discipline, propriety and comity, therefore, the bail already granted to the respondents deserves to be cancelled. Learned counsel has cited the case titled Maharashtra v. Captain Buddhikota Subha Rao, AIR 1989 SC 2292 in support of his arguments.;