TMI Blog1991 (9) TMI 365X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the High Court which was dismissed with the observation that he could renew the prayer after the submission of the report by the police on completion of investigation. After the charge-sheet was filed in the case the appellant along with two other accused persons renewed the prayer before the Sessions Judge who again rejected the same. The appellant, thereafter, filed another petition before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant was made which could be relevant for the prayer of cancellation of earlier bail order. The prayer for cancellation was founded on the observations in the order of Mr. Justice Gupta which was verbatim quoted in the petition. 3. The application was listed before Mr. Justice Gupta who by the impugned judgment cancelled the earlier order of Mr. Justice B.C. Varma and while so doing made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... On the basis of the same materials and in the same circumstances in which the order was earlier passed in favour of the appellant by the High Court, the application for cancellation was made entirely as a sequel to the observations made by Mr. Justice Gupta while dealing with the application of another accused. It must be, therefore, held that Mr. Justice Gupta had no authority to upset the earli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail on the ground of any objectionable conduct on the part of the appellant or any other fresh relevant material which may be a permissible ground for cancellation of bail. But, in such a case it will be highly desirable for the Chief Justice of the High Court to hear the case himself or assign it to some other Judge who had not earlier dealt with the present matter. 5. The appeal is according ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
