STATE Vs. MAHINDER SINGH

JUDGEMENT

(1.) By this petition moved under section. 43 (2) read with section 482 of the Code of Criminal Procedure, the State seeks cancellation of bail granted to the respondent by the order of the learned Addidonal Sessions Judge dated April 28, 1993. When the petition came up for admission,R. L. Gupta, J. suspended the operation of the order of learned Additional Sessions Judge enlarging the respondent or bail

(2.) The prosecution story is thatc on January 10, 1993 the accused namely. Mange Ram. Yashvinder Singh and Mohinder Singh committed the murder of Ravinder @ Tiger,. resident of Village Devali by inflicting injuries, on his person with hockey sticks and a Hathi.

(3.) On January 11, 1993, body of the deceased Ravinder alias Tiger was found in an open plot located in Sangam. Vihar. On the same day the statements of two persons, namely, Sham Singh and Raj Dhan, were recorded by the police under Section, 161 of the Code of Criminal Procedure, according to which they allegedly saw the deceased in We company of the accused; on January 10, 1993 at aboat 7.00 KM. Besides the statements of Sham Singh and Raj. Dhan, it is claimed that the statement of one Som Pal, was also Recorded by the police on January 11, 1993 itself. According to this state ment Mange Rate is alleged to have made an-extra judicial comfession before Som Pal, admitting the commission of he offence by all the three accused persons.The accused are said to have abs condect after the incident and on being apprehended on January 14, 1993 Yashvinder and Mohinder made disclosure statemente leading to the discovery of blood stained hockey sticks oa January 17, 1993 from the fields located in Ghaziabad. The alleged motive for the murder of the deceased is said to be a long standing enmity between the parties, nurtured by prolonged litigation between them.