Sardool Singh vs Bisa Singh and ors.

B.S. Yadav, J.

Bisa Singh and Hardev Singh, who had been arrested in a case under section 302 read with section 149 and some other sections of the Indian Penal Code have been granted bail by the learned Sessions Judge, Amritsar. The present petition has been filed by Sardool Singh, who had lodged the First Information Report, for cancellation of the bail of the said accused.

At the time of occurrence Bisa Singh and Hardev Singh respondents are said to have been armed with one barchi each. The learned Session Judge has granted them bail because only one stab wound was found on the body of Chanan Singh (deceased) and remarked that at the time of trial the guilt of the said respondents would have to be decided.

It will not be out of place to mention here that besides Bisa Singh and Hardev Singh, there were other culprits also. Two of them were armed with one kirpan each while one was armed with a gandasi and those persons are said to have used their weapons in the occurrence. These weapons could have caused incised wounds found on the persons of the victims. The learned counsel for the petitioner argued that two persons lost their lives in the occurrence and one person was injured and the barchis held by Biswa Singh and Hardev Singh could have caused incised injury on the persons of the victim.

At this stage I do not want to go into the merits of the case. Sufficient it to say that the learned Session Judge has exercised his discretion in granting bail to Bisa Singh and Hardev Singh. The discretion might or might not have been exercised properly but at least it cannot be said to preverse. It is settled principle that the rejection of bail when the bail is applied for is one thing while the cancellation of bail already granted is quite another thing. There is no allegation against Bisa Singh and Hardev Singh of interference with the course of the justice nor there are other well established grounds for cancellation of bail.

It is further to be noted that the State is not aggrieved of the order of the learned Sessions Judge by which Bisa Singh and Hardev Singh were granted bail. At least State has not filed any application for cancellation of their bail. Of course, at the time of arguments learned Assistant Advocate General, who appeared for the state, tried to support the petitioner but that will not be taken as equivalent to the grievance against the order of the learned Session Judge.

The learned Session Judge has given detailed reasons in his order for granting bail to Bisa Singh and Hardev Singh.

For the foregoing reasons I do not find any ground to cancel the bail of Bisa Singh and Hardev Singh. The present petition is dismissed.