Mahesh Bhagwati, J. - (1.) This order governs the disposal of an application filed under Section 439(2) of Cr.P.C. by the petitioner Kailash Chand Rana seeking cancellation of bail of the respondent No. 2 who has been granted anticipatory bail vide order dated 18th October, 2008 rendered by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur.
(2.) Heard the learned counsel for the petitioner, learned counsel for the respondent 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 respondent No. 2 Ranjeet Singh is a history sheeter against whom as many as 25 criminal cases have been pending in different police stations. (ii) That the respondent No. 2 initially filed bail application under Section 438 of Cr.P.C. seeking anticipatory bail but on his surrender in the court, the learned Special Judge, treated the anticipatory bail petition to be a petition as having filed under Section 439 of Cr.P.C. (iii) That the learned Special Judge had no power to treat the bail petition filed under Section 438 of Cr.P.C. to be as having filed under Section 439 of Cr.P.C. (iv) That the respondent No. 2 is a threat to the society. There is likelihood of his having tampered with the witnesses. Learned counsel for the petitioner has reiterated these grounds before me during his arguments and has craved that the bail granted to the respondent by Special Judge vide order dated 18.10.2008 by cancelled.;