Indra Pal vs State of Uttaranchal

Prafulla C. Pant, J.—This is bail cancellation application No. 823 of 2004 moved by the complainant (since deceased) along with affidavit stating that the complainant has apprehension of being killed after the Appellant is released on bail.

Heard.

Since 2004 Appellant was given several opportunities to file the counter affidavit to the affidavit filed by the complainant with the application for cancellation, but he did not file the same. Learned Counsel for the complainant states that meanwhile the complainant Shamsher Bahadur Verma has been murdered, and apprehension has come true.

The affidavit of Shamsher Bahadur Verma (who moved this application) for cancellation of bail application in the year 2004, shows that the Appellant Indra Pal had a long criminal history. The affidavit discloses eight criminal cases registered against the Appellant. In the present case Appellant Indra Pal was a convict u/s 302 I.P.C. and was sentenced by the trial court to imprisonment for life vide impugned order dated 26.05.2001 passed by Additional Sessions Judge/I Fast Track Court, Haldwani, District Nainital in Sessions Trial No. 540 of 1995.

Having considered the submissions of learned Counsel for the parties and after going through the papers on record, in the above facts and circumstances of the case, we find it a fit case for cancellation of bail.

The bail granted to the Appellant Indra Pal by this Court on 28.08.2001 is hereby cancelled. He (Indra Pal) shall surrender immediately before the Chief Judicial Magistrate, Nainital. Registry is directed to send a copy of this order without delay to the Chief Judicial Magistrate, Nainital, who shall issue non-bailable warrants against the Appellant Indra Pal to take him into custody in connection with conviction and sentence recorded by the trial court which have been challenged in this appeal.

List this appeal for final hearing in due course.

Bail cancellation application No. 823 of 2004 stands disposed of.