TILAK RAJ KOHLI Vs. DEVENDER KUMAR

JUDGEMENT

(1.) Consideration for cancellation of bail is whether there has been prima facia case. The gravity of offence and whether the accused has misused the liberty after he is enlarged on bail resulting in reasonable apprehension of tampering with the evidence are to be established buy the prosecution on preponderence of probabilities. The supervening circumstances have to be taken into consideration while considering such an application for cancellation of bail. Proving by the test of balance of peobabilities that the accused has misused his liberty or that there is a reasonable apprehension that he will interfere with the course of justice is all that is necessary for the prosecution to prove in order to succeed in an application for cancellation of bail. With this proposition of law in view, that we have to see in the present case is whether the application has made out any case for the cancellation of the bail already granted in this case.

(2.) In nut shell the case is that on 7.6.91, S.H.O.Police Station Saraswati Vihar received an information on the wireless. Upon receiving that information he alongwith his officials reached Road No. 44, DDA Park, Opposit Chanderlok. There he found S.I.Gurnam Singh along with other officials. A two wheeler scooter bearing No. DIR - 5602 was also found parked at the spot. Many persons had collected there. Blood was also found at the spot. No eye witness could be found of the incident. Formalities were completed. SHO collected the M.L.C. of Ved Parkash Kohli, who was declared dead when brought to the hospital. M.L.C. of Gurcharan Kumar Lali was also collected. Gurcharan Kumar was declared to be fit for making statement by the doctor. His statement was recorded. He stated that the people who fired shot from behind he did not know because after being fired shot he fell down and did not know what happened thereafter. When he become concious he found himself in the hospital. When Panna Lal was examined by the 1.0. on 13.6.91 that he informed about his conversation with deceased Gurcharan Kumar who in turn implicated Nand Kumar (a) Baluwa, Harish @Goga and Kala Halwai @ Kale and that Kale had fired while Harish and Baluwa inflicated knife injuries. Baluwa also fired one shot. Statement of Jitender Bhatia was also recirded on 15.9.91 who implicated Devender Kumar to be a person who had fired at Ved Parkash Kohli and Gurcharan Kumar.

(3.) With this story the accused persons were apprehanded and arrested. Devender Kumar applied for the bail which was contested by the State. But after giving due consideration to the facts and circumstances of the case this Court came to the conslusion that prima facia a case has been made out for the release of the petitioner on bail. By the present application Shri Tilak Raj Kohli father of deceased Ved Prakash Kohli is seeking cancellation of the said bail inter alia, on the grounds that he had been vigilently prosecuting this case against the accused persons; that on 23.4.92 when the applicant had gone to the Court of Ravi Kumar,'Addl. Sessions Judge, Delhi,, after the case was adjourned on that date,accused Devender Kumar met him in the compound of Tis Hazari Courts and asked him not to pursue the case otherwise he will also be sent 'there'. 'There' means where' his son had gone. Because of this that the applicant lodged report with the Police which was. registered as DD No.21 dated 23.4.91, Police Post Tis Hazari,Delhi. Furthermore Sh.Sanjay alies knife blow on 12th and 13th April,1992 in consequence of which FIR No.l45/92 under Section 307, IPC, was registered. Since this knirfe blow to the prosecution witness was implicated after the release of the accused Devender Kumar, therefore, it is apparent that the asailants were hired buy Devender Kumar to eliminate the prosecution witness. These are the intervening circumstances on the basis of which Mr. Tilak Raj wants that the bail of Devender Kumar be cancelled.