SARLA DEVI Vs. OM PRAKASH ALIAS OMI

JUDGEMENT

(1.) This petition has been moved under Section 439(2) of the Code of Criminal Procedure for cancellation of bail granted to respondent No.1,Om Prakash @ Omi by the Additional Sessions Judge, Shri Prithvi Raj vide his order dasted 20.9.94.

(2.) The petitioner is Smt. Saria Devi wife of late Shri Hukum Chand. The respondent No.1, Om Prakash @ Omi, is facing trial for allegedly having committed murder of said Hukum Chand (husband of the petitioner) on 12.1.91. He was arrested on 13.1.91, His First bail application was rejected by an Additional Sessions Judge by order dated 15.9.92. His second bail application was rejected by Additional Sessions Judge, Shri Prithvi Raj on 29.9.93. This High Court also dismissed the bail petition of respondent No.1 vide order dated 7.1.94. Thereafter third bail application was moved before the trial court presided over by Shri Prithvi Raj, Additional Sessions Judge who had earlier refused bail to the respondent No.1. This application has however been allowed on 20.9.94. A copy of the bail order is at pages 23-24 of the paper book. On perusal of this order it would appear that the learned Additional Sessions 'Judge has granted bail, inter alia, on the grounds: that all the material witness for the prosecution have been clamined except police officials; that the witnesses who had already been examined show some kind of contradictions; that there is no chance of tampering with the evidence by the accused if he is released on regular bail; that the accused did not misuse interim bail granted to him; that there was no complaint of any kind against the accused from any side while he was on interim bail; that the accused has already suffered a lot of custody and that he is of teenage.

(3.) From the above it would appear that the learned Additional Sessions Judge has granted ball on other grounds than on merits of the prosecution case which were there at the lime when three earlier bail applications were dismissed one by him, one by the other Additional Sessions Judge and the third by this High Court on 7.1.94.