C.R.M.No.M-11149 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.M.No.M-11149 of 2009. Decided on: October 29, 2009. Kulwant Singh .. Petitioner VERSUS State of Punjab and another .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.Amandeep Singh Manaise, Advocate, for the petitioner. Mr.N.S.Pawar, Add. A.G., Punjab, for respondent No.1-State. M.M.S. BEDI, J. (ORAL) Respondent No.2, Balbir Singh had been granted concession of bail vide order dated 07.07.2008, by this Court in a case which was registered at the instance of Kulwant Singh complainant alleging that his brother Ajit Singh was attacked by Balblir Singh and six other persons armed with swords and lathis resulting in death of Ajit Singh. Out of six accused, four persons including respondent No.2, had been granted bail whereas Hari Singh, Jagdeep Singh and Satnam Singh alias Satta, were in custody during pendency of the trial. . . . 1 C.R.M.No.M-11149 of 2009 The cancellation of bail has been prayed for on the ground that respondent No.2 Balbir Singh has misused the liberty granted by this court as he has again committed a crime during the period while he was on bail regarding which an FIR No.138 dated 08.09.2008, under Sections 222, 223, 224 and 120-B IPC, which has been registered at Police Station, City Gurdaspur. A perusal of the said FIR indicates that Satnam Singh one of the accused in the criminal case was brought in custody to the Court as co-accused, in which respondent No.2, was also accused and when his handcuffs were unlocked to be produced in the Court, respondent No.2, connived with other accused on bail and created rush on the door of the Court while moving inside the Court giving an opportunity to Satnam Singh to escape from the Court. It has been informed that Satnam Singh has not yet been re- arrested. The participation and conspiracy in the escape of Satnam Singh is attributed to respondent No.2, and others. In view of the above circumstances, it is apparent that respondent No.2, has misused the concession given to him by granting bail. He has, prima facie, committed another offence during pendency of the case. The matter would not have been serious enough to cancel the bail had Satnam Singh been arrested after his escape. The liberty granted to respondent No.2 seems to have been abused by interfering in the due process of law. The bail granted to respondent No.2, in FIR No.68 dated 11.05.2006, under Sections 302, 307, 323, 324, 326, 148 and 149 IPC, Police Station, Dina . . . 2 C.R.M.No.M-11149 of 2009 Nagar, District Gurdaspur, is hereby cancelled. He be taken in custody. It is ordered that he will remain in custody till re-arrest of Satnam Singh. In case of re-arrest of Satnam Singh, it will be open to him to file a fresh application for bail. Disposed of. (M.M.S.BEDI) JUDGE October 29, 2009. rka . . . 3