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Judgment
On 27.11.2018, the Coordinate Bench of this Court in S.B. Criminal Misc. Bail No. 7679/2018 passed the following order :-
"Taking into consideration the fact that co-accused Jesa Ram has been granted bail on the basis of false arguments made by his authorized representative, I deem it appropriate to issue show cause notice to Jesa Ram as to why bail granted to him be not cancelled.
Let show cause notice be issued to Jesa Ram, returnable on 10.12.2018."
In pursuance to the show cause notice issued by the Coordinate Bench of this Court, Mr. Pritam Solanki, learned Counsel has appeared on behalf of the respondent. He submits that factually, the respondent was present in the vehicle carrying contraband as the same is clear from the charge-sheet submitted in the case. He very fairly submits that in the Order dated 25.05.2018, it is noted that the contraband was not recovered from the conscious possession of the petitioner, which is in contravention to the findings arrived at by the investigating agency.
Taking note of the fact that the respondent was present in the vehicle, which was carrying contraband, the case of the respondent cannot be equated or found on the identical pedestal to that of Jogaram. Rather, the respondent's case will fall in the category of main accused Balaram.
Considering the fact that the contraband was recovered from the vehicle, in which the respondent was present and there is no explanation for his presence in that vehicle having been intercepted by the investigating agency, I am of the considered view that the enlargement of the respondent on bail vide Order dated 25.05.2018 needs to be cancelled.
In view of the above, the present application for cancellation of bail is allowed. The Order dated 25.05.2018 passed by the Coordinate Bench of this Court in S.B. Criminal Misc. Bail No. 4775/2018 is recalled. The Investigating Agency is directed to arrest the respondent - Jesa Ram forthwith or the respondent should surrender before the competent authority.
Needless to say that the observations made in this order will not effect the respondent's defence during trial.