SRI. ASHOK K.K Vs. SRI.PARAMESH

JUDGEMENT

(1.) This petition is filed by the petitioner/C.W.9 under Section 439(2) of Cr.P.C., seeking cancellation of bail granted by this Court in Crl.P.No.9730/2016 dated 17.01.2017 in favour of respondent No.1/accused No.2.

(2.) Heard the arguments of the learned counsel appearing for the petitioner/C.W.9, learned counsel appearing for respondent No.1/accused No.2 and also the learned High Court Government Pleader appearing for respondent No.2 - State.

(3.) Learned counsel for the petitioner/C.W.9 made the submission that the statement of eye witnesses recorded by the Investigating Officer during investigation were not at all taken into consideration by this Court while granting bail to respondent No.1/accused No.2. Learned counsel also made the submission that in the statement of eye witnesses, it is clearly stated that even respondent No.1 who is accused No.2 also assaulted the deceased on the head portion and caused injuries. Hence, it is submitted that there is suppressing of material facts. He further submits that the bail granted by this Court in Crl.P.No.9730/2016 dated 17.01.2017 is liable for cancellation. Accordingly, he prays to allow the petition.