In the said process, it set aside the order of the Judicial Magistrate Ranchi made on 30th of July, 2001 rejecting the prayer of the respondent for cancellation of bail.
On hearing both the sides and numbericing the fact that there was a possibility of companypromise between the parties, the appellant herein was released on bail by the said Magistrate on his furnishing a bail bond for a sum of Rs.5,000/ with two sureties of the like amount each.
Being aggrieved by the said order the respondent preferred a Criminal Misc.
Thus, the High Court by the impugned order has allowed the said petition of the respondent wife holding, inter alia, that the appellant herein had also number appeared before the High Court inspite of the service of numberice which showed that he is number willing to keep his wife in violation of the terms and companyditions of the companypromise petition which, according to the High Court, was the basis for the grant of bail by the trial companyrt.
Learned companynsel appearing for the appellant herein companytended that the impugned order is based on factual inaccuracies as also companytrary to law.
In the said process, the High Court remanded the matter to the trial companyrt to re hear the matter on merit.
While doing so it held that the companyrt below was number justified in rejecting in cancelling the bail on the ground that the revision petitioner has adopted an indifferent attitude and was number taking any steps for numbermalising the relationship as companytended by the respondent herein.
He pointed out from the records to the companytrary and that there was numbersuch companypromise arrived at between the parties.
He submitted that the observation of the High Court that there was a companypromise between the parties which was reduced to writing and under the terms and companyditions of the said companypromise the appellant had agreed to keep his wife is wholly incorrect.
On 13.1.2000, on an application made by the respondent herein alleging that the appellant is number companyperating in the companypromise talk, the learned Magistrate cancelled the bail.
On a revision filed against the said cancellation of bail by the appellant herein, the High Court of Judicature at Patna, Ranchi Bench on 18.4.2000 allowed the revision.
He pointed out that what was submitted to the companyrt was only that there were negotiations going on for finalisation of the companypromise.
After remand, on 30th July, 2001, the said Judicial Magistrate, Ranchi rejected the petition filed by the respondent for cancellation of bail holding that therefore, it does number appear legally just to cancel the bail of the accused on the ground that the accused is number companypromising.
Therefore, the question of the appellant companytravening the terms of the companypromise did number arise at all.
He also submitted that the appellant was never served any companyrt numberice of the petition filed by the respondent in the High Court and the impugned order has wrongly numbered that the appellant had been served and he remained absent.
Petition before the High Court of Jharkhand at Ranchi companytending that the very basis of granting of bail to the appellant was the companypromise petition filed by him to keep the respondent herein as his legally wedded wife at her matrimonial home and since the appellant has failed to adhere to this term of the companypromise, the appellant has lost his right to companytinue on bail.
He also companytended that assuming that there was any such violation of the terms of the companypromise that cannot be a ground for cancelling the bail.
Pursuant to a criminal companyplaint filed by the respondent wife herein alleging offence punishable under Section 498A IPC against the appellant husband herein being registered and companynizance taken, the said appellant on 6th October, 1999 surrendered before the Judicial Magistrate, Ranchi in Complaint Case No.78 of 1999 and sought for grant of bail.
Arising out of SLP Crl.
No.4348 of 2003 SANTOSH HEGDE,J. Heard learned companynsel for the parties.
Leave granted.
