Mahamood vs Ibrahim @ Saleem and Another

Mohammad Rafiq, J.—This criminal misc. application for cancellation of bail has been filed at the instance of Mahamood, the complainant-Petitioner for cancellation of bail granted to accused-Respondent No. 1 - Ibrahim @ Saleem by the trial court on the ground that the court of sessions has wrongly assumed the prosecutor to be 16 years of age. Statements of the prosecutor recorded u/s 164 Code of Criminal Procedure could not be given any credence because she was minor. In this connection, learned Counsel cited the certificate issued by the Headmaster of the school. Learned Counsel argued that in her statement recorded u/s 164 Cr.P.C., the prosecutor has made an allegation of rape against the accused-Respondent.

On perusal of the order dated 19/1/2011 passed by the court of sessions, I find that the court at that stage granted bail to the Respondent taking into consideration the statement of the prosecutor recorded u/s 164 Code of Criminal Procedure that she went with the accused out of her own free will and that she was having physical relationship with the accused for one year. Prosecutor has now given a different statement in the court, that cannot be a ground to cancel the bail already granted to the accused and that too after arrest of the accused-Respondent.

No case for cancellation of bail is made out hence, this criminal misc. application for cancellation of bail u/s 439(2) Code of Criminal Procedure is dismissed.