KISHORILAL Vs. RUPA

JUDGEMENT

(1.) Leave granted.

(2.) The informant calls in question legality of grant of bail to accused-respondent Nos. 1 to 3 by the High Court of Allahabad. In the appeal preferred by respondents 1 to 3, an application was filed purportedly under Section 389 of the Code of Criminal Procedure, 1973 (in short the Code) with the prayer that execution of substantive sentence of imprisonment for life and a fine of Rs. 10,000/- imposed after finding them guilty for offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC) be suspended. The High Court, by the impugned order, granted bail primarily on the ground that during trial, the accused respondents were on bail and had not misused the liberties granted to them.

(3.) According to learned counsel for the appellant-informant, who is supported by learned counsel for respondent No.4 - State, the approach of the High Court is clearly erroneous. In a large number of cases the accused-respondent Nos. 1 to 3 were involved and the appellant and his family members have been threatened with dire consequences for having set law into motion. Learned counsel for accused-respondent Nos. 1 to 3, however, submitted that the case was instituted on account of previous enmity and at present no case is pending where they are accused.