Ramesh Kumar vs Raj Kumar @ Raju and others

Harmohinder Kaur Sandhu, J.

Ramesh Kumar has filed this application under Section 493 (2) Cr.P.C. for cancellation of bail granted to the respondent vide order dated 1791992 by learned Additional Sessions Judge, Sonepat.

On the statement of Ramesh Kumar petitioner case FIR No. 622 dated 2351992 was registered against the respondents and one Raj Pal for the commission of murder of Balwan son of Krishan Chander. As per allegations in the first information report, on account of some previous dispute, Meer Singh and Raj Kumar respondents caught hold of Balwan while Raj Pal inflicted a dagger blow in the stomach of Balwan. As a result of this injury Balwan died. Meer Singh and Raju respondents were arrested in this case and they moved an application for grant of bail which was dismissed by Shri B. S. Sharma. Additional Sessions Judge. Sonepat vide his order dated 561992 Annexure P/1. Both the respondents filed another application for bail which was dismissed as withdrawn on 17892. Copy of the order was placed on record as Annexure P/2. They moved third application for their release on bail which was accepted by Shri V.P. Chaudhary. Additional Sessions Judge, who granted bail to them vide his order dated 17.9.1992 Annexure P/4. The petitioner alleged that while submitting third application for bail the respondents did not disclose this fact that their earlier application for bail was rejected by Shri B.S. Sharma and the order passed by one Judge could not be reversed in a fresh application. It is further pleaded that the respondents were hotheaded persons with previous criminal record and in case they remained on bail it will not be possible for the PWs to depose true facts.

In the return filed by the respondents this fact was admitted that while submitting application for bail Annexure P/3 the fact that earlier bail application was dismissed was not mentioned but it was in the knowledge of the learned Additional Sessions Judge who granted bail because this question was raised during the course of arguments Moreover, when second bail application was filed which was heard by Shri V. P. Chaudhary the factum of dismissal of the first bail application was clearly mentioned. The other averments made in the petition were denied.

I have heard the counsel for the parties.

A perusal of Annexure P/1 shows that first bail application submitted by the respondents was rejected by Additional Sessions Judge, Sonepat who was of the opinion that primafacie the respondents shared common intention with the main accused Raj Pal to commit murder of Balwan. The second bail application was dismissed as withdrawn vide order Annexure P/2. The first bail application was filed before challan was presented in Court. The last bail application was submitted after the challan was filed. Balwan Singh deceased was alleged to have been caused an injury with dagger by Raj Pal. The respondents were neither armed nor they caused injuries to the deceased, While granting bail the learned Additional Sessions Judge had not considered these facts. He observed that both the respondents were teachers and were in judicial custody since 2351992 and the school facing hardship. Although the case was committed to the Court of learned Sessions Judge, Sonepat but it was lying for the purpose or assignment for the last more than one month, on account of illness of the Sessions Judge. It was not known as to when the presiding officer was to resume duty. So under these "circumstances the respondents were released on bail. There are no averments in the petition that the respondents were tampering with witnesses or that they had abused their liberty. There was no reasonable apprehension that they will interfere with the course of justice. Simply alleging that the witnesses may not tell the truth if the respondents remained on bail is no ground to cancel the bail. Since there is nothing to point out that it will no longer be conclusive to a fair trial to allow the respondent to retain their freedom during the trial. I find no merit in this petition and dismiss the same.