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Judgment
H.P. Sandesh, J
Heard the learned High Court Government Pleader appearing for the petitioner and learned counsel for respondent Nos.1 to 8.
This petition is filed by the State under Section 439(2) of Cr.P.C. for cancellation of bail granted by the Trial Court in favour of the respondents vide
order dated 22.10.2020 in Crl.Misc.Case.No.563/2020 for the offence punishable under Sections 143, 147, 148, 152, 324, 353, 332, 307, 120-B, 109
read with Section 149 of IPC, Sections 2(a) and 2(b) of KPDLP Act.
The main contention of the petitioner-State before this Court for cancellation of bail invoking Section 439(2) of Cr.P.C. is that there were 16 cases
registered against the respondents and the Trial Court, failed to consider the seriousness of the matter while passing the impugned order. It is
contended that the criminal act was done by the respondents, as a result of conspiracy and abatement on behalf of the accused persons and the whole
city was burning and several police officials, who were on public duty suffered injuries and lot of public properties were destroyed. Inspite of detailed
statement of objections being filed, the Sessions Judge, overlooked the same. The act of the accused persons is in violation of the prohibiting orders
which were in force and the respondents assaulted and attempted to murder the police officials.
Per contra, learned counsel appearing for the respondent Nos.1 to 8 would submit that similar petitions are filed before this Court and one among
them is Crl.P.No.7880/2020 which also came to be dismissed.
Having heard the respective counsel and also on perusal of the material available on record, the Trial Judge, in paragraph No.8 has assigned
reasons that these respondents are arraigned as accused Nos.19 to 26 and also taken note of Column No.17 of the final report and the fact that role
attributed to the present petitioners is very minimal. It is also observed that, moreover, the conspiracy and abetment by the respondents has to be
ascertained at the full-fledged trial. The Trial Court, while exercising the discretion has not exercised the same in a perverse and capricious manner
and has assigned the reason that conspiracy and abetment is alleged against the petitioner and the same has to be ascertained only at the time of trial
and the same cannot be proved by direct evidence and the same has to be proved by examining circumstantial witnesses. Hence, I do not find any
force in the contention of the petitioner-State for cancellation of bail invoking Section 439(2) of Cr.P.C.
In view of the discussions made above, I pass the following:
ORDER
The criminal petition is dismissed.