AMAR SINGH Vs. STATE

JUDGEMENT

(1.) This is a petition undersection 439 Criminal Procedure Code . for cancellation of bail granted to the Atar Singh and Ram Chander in a murder case by the learned Sessions Judge, Delhi.

(2.) A reference may be made to the facts briefly. On 28th August 1984 the petitioner Amar Singh lodged a report at police station Narela to the effect that he is an agriculturist residing at village Jatpur and that he is the elder brother of Karan Singh, Narain Singh and Atar Singh. He further reported that partition of property between brothers took place about two years back and that Narain Singh and Atar Singh were unhappy about the partition for the reason that the petitioner is issueless ; that the petitioner's wife is the eldest sister of Karan Singh and therefore he was residing with his brother Karan Singh. Other brothers, Atar Singh and Narain Singh were not happy at this as they had a feeling that after the death of Amar Singh, Karan Singh would take his property. He further informed the police that on 28th August 1984 when his brother Karan Singh returned home after doing his duty and had gone to the Baqar (courtyard) for taking bath, the accused Narain Singh armed with jelli having two prongs, Atar Singh armed with lathi, Phoolo armed with Gandasa and Ram Chander brother-in-law of Narain Singh armed with lathi came in a body to the Baqar of the petitioner from their house, that Narain Singh shouted that they would just give him the land of Amar Singh. Thereafter Narain Singh gave a jelli blow on the chest of Karan Singh, Karan Singh ran to his room but Atar Singh and Ram Chander followed him into the room. Atar Singh gave lathi blows on the shoulder of Karan Singh and Ram Chander gave a lathi blow on the back hip of Karan Singh. In order to save his life Karan Singh ran out of the room when Phoolo gave a blow with Gandasa on his head ; that when the petitioner and his wife Chameli, Dhanwati, wife of Karan Singh and Om Wati daughter of Karan Singh tried to save Karan Singh, Narain Singh gave a jelli blow on the arm of the petitioner while Atar Singh hit him with a lathi on his shoulder. Ram Chander inflicted lathi blow on his wife Chameli inflicting injuries on her right hand, right foot and left shoulder ; that as a result of this assault Karan Singh injured fell on Charpai and died on the spot. The accused thereafter ran away from the spot and Phoolo left Gandasa in the Baqar. It was on these facts that a case was registered under Section 302, 452, 322/34 IPC.

(3.) In this case the first bail application was moved by Atar Singh oa 10-10-84 and it came up before Shri G.S. Dhaka, Additional Sessions Judge. Counsel did not appear and the bail application was dismissed in default on 11-10-84. On 1 1-10-84 second bail application was moved before the same judge which was also dismissed on the same date. Thirdail application was moved by Atar Singh accused on 16-10-84 without disclosing that second hail application was dismissed on merits. Only fact stated was that "this is the third bail application". Vide order dated 18-10-84 the learned Sessions Judge on the same material seems to have virtually reviewed the order of Shri G S Dhaka Addl. Sessions Judge and granted bail to Atar Singh accused. The order of the learned Sessions Judge reads as under :-