S AMRIK SINGH Vs. STATE

JUDGEMENT

(1.) This petition has been filedunder Sections 439(2) and 482 of the Code of Criminal Procedure (Code for short) for cancellation of bail granted to the second respondent Gurpreet Singh alias Bobby (hereinafter called the respondent) by the learned Additional Sessions Judge (ASJ) vide order dated 9.6.1992.

(2.) The brief facts leading to the registration of FIR. No. 540 of 1990 at PS Tilak Nagar under Sections 302/307/34 Indian Penal Code against the respondent and co-accused Satnam Singh are that on 20.9.90 at about 7.30 PM, Satnam Singh, co-ccused caused stab in juries to Smt. Karam Kaur at her house in Krishna Park, New Delhi and ran away from there. This led to the registration of a case under Section 307 Indian Penal Code in PS Tilak Nagar vide FIR No.539 of 1990 at about 8.30 PM the same night. Sh. lqbal Singh and the injured Gurvinder Singh (hereinafter called the injured) who wanted to start a Health Club, had gone to pickup Davinder Singh, deceased (hereinafter called the deceased) from his house in Block No.25, Tilak Nagar on the Motor Cycle of lqbal Singh with the intention that he may also accompany them. Since they were now three persons, lqbal Singh obtained the Motor Cycle of one Tejinder Singh. At that point of time lqbal Singh informed that his maternal aunt Smt. Karam Kaur had been stabbed by Satnam Singh, the co-accused on that very day. The deceased desired lqbal Singh to check up if a report of the incident had been lodged with the police. The injured and the deceased drove on the Motor Cycle obtained from Tejinder Singh while lqbal Singh proceeded on his own Motor Cycle separately, for going to PS Tilak Nagar.

(3.) The further case of the prosecution is that on the way, lqbal Singh spotted the co- accused Satnam Singh sitting in a readymade garments shop of Kanwaljit Singh. lqbal singh then asked the deceased and the injured to wait by the side of that shop so that he may go and inform the police about the presence of Satnam Singh at the shop of Kanwaijit Singh.