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Subodh Kumar Yadav Versus State Of Bihar And Anr.

2009 (7) TMI 1324 - SUPREME COURT OF INDIA

CRL.A. 1234 Of 2009 - Dated:- 15-7-2009 - R.V. Raveendran And Panchal J.M.,JJ. JUDGMENT J.M. PANCHAL, J. Leave granted. 2. This appeal is directed against judgment dated May 2, 2007, rendered by learned Single Judge of High Court of Judicature at Patna in Criminal Miscellaneous No. 2790 of 2004 by which order dated January 8, 2004, passed by learned Sessions Judge, Purnia in Criminal Miscellaneous No. 13 of 2003 cancelling the bail granted to the appellant by the learned S.D.J.M., Purnia vide or .....

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e of the respondent No. 2 that the appellant and his family members started subjecting her to mental and physical cruelty for bringing insufficient dowry and also because she objected to illicit relations of the appellant with his sister-in-law Asha Devi. The case of the respondent No. 2 is that not only she was subjected to physical and mental cruelty, but money was extorted from her in order to get more dowry and an attempt to kill her was made as well as her streedhan was not returned to her .....

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is father of the respondent No. 2, was examined as witness No. 1, Birendra Kumar, an independent person, was examined as witness No.2 and Ramanuj Kumar, who is cousin of the respondent No. 2, was examined as witness No. 3. The learned Magistrate perused the statements made by the witnesses and was of the opinion that prima facie commission of offence punishable under Section 498A IPC was made out against the accused. He, therefore, took cognizance of the said offence and issued summons against t .....

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as the same was summoned by the Sessions Court, the learned Judicial Magistrate passed an order calling for the original record from the Court of learned District and Sessions Judge, Purnia. Though the copy of the application for bail was served on the learned Advocate for the original complainant, the learned Magistrate had not indicated in the order summoning record of the case from the Sessions Court that the bail application moved by the appellant would be heard on the same day. The original .....

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lant on bail. 6. Thereupon, the respondent No. 2 moved Criminal Miscellaneous No. 13 of 2003 in the Court of learned District and Sessions Judge, Purnia for cancellation of bail. The learned Session Judge heard both the parties. It was noticed by him that the bail application was submitted by the appellant on the same day on which he had surrendered before the Court of learned Judicial Magistrate First Class. It was further observed that after learning that the original record was lying in Sessi .....

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though the complaint was filed by the respondent No. 2 on October 9, 2002, the learned Magistrate had taken into consideration divorce proceedings initiated by the appellant in the year 2000, i.e., after taking cognizance of the offence and had also relied upon other documents. Having taken into consideration relevant circumstances emerging from the record of the case, the learned Sessions Judge concluded that the learned Magistrate had enlarged the appellant on bail on considerations other than .....

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s Court has heard the learned counsel for the parties and taken into consideration the documents forming part of the appeal. 9. Learned counsel for the appellant contended that cancellation of bail can be only with reference to conduct subsequent to release on bail and the supervening circumstances. According to him an application for cancellation will not be maintainable with reference to what transpired prior to the grant of bail. He relied upon the following observations in State of U.P. vs. .....

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relevant under Section 439 read with Section 437, continue to be relevant. We, however, agree that while considering and deciding the appeals against grant of bail, where the accused has been at large for a considerable time, the post-bail conduct and supervening circumstances will also have to be taken note of. But they are not the only factors to be considered as in the case of applications for cancellation of bail. [emphasis supplied] A careful reading of the said observations shows that whi .....

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bail had acted on irrelevant material or if there was nonapplication of mind or failure to take note of any statutory bar to grant bail, or if there was manifest impropriety as for example failure to hear the public prosecutor/complainant where required, an order for cancellation of bail can in fact be made. (See Gajanand Agarwal v. State of Orissa [2006 (9) SCALE 378] and Rizwan Akbar Hussain Syyed v. Mehmood Hussain [2007 (10) SCC 368). 2. Further, while cancelling bail, the superior Court wo .....

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den decided to surrender before the learned Judicial Magistrate First Class, Purnia and presented a bail application. The learned Magistrate found that the record of the case was lying in Sessions Court with reference to the revision, which was filed by the appellant and others. The learned Magistrate did not think it proper to wait at all and by passing a judicial order called for the record pending in a superior court. In view of the judicial order passed by the learned Magistrate, the Registr .....

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could not remain present at the time when the bail application was taken up for hearing. The learned Magistrate considered the documents produced by the learned counsel for the appellant. Admittedly those documents were subsequent in point of time to taking of cognizance. After considering those documents, the learned Magistrate enlarged the appellant on bail. The undue haste exhibited by the learned Magistrate as well as his decision to hear the bail application on the same day without hearing .....

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gh Court in the following terms: - Heard the learned counsel for both the parties. Perused the complaint petition as well as the order of both the courts. There is no doubt that the bail of the petitioner was granted in a very mysterious circumstances. The entire office as well as the Presiding Officer was so in haste that all formalities including calling of the record from the Sessions Court were done on the same day and the order of granting bail was also passed on the same day behind the bac .....

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