DAVINDER SINGH DAWER Vs. STATE & ANR

JUDGEMENT

(1.) Present petition under Section 439(2) Cr.P.C. has been preferred by the victim Davinder Singh Dawer for cancellation of bail granted to respondent No.2 vide order dated 25.05.2006. The petition is contested by the respondent No.2 (hereinafter referred as 'accused').

(2.) I have heard the learned counsel for the parties and have examined the file. Admitted position is that the accused is facing trial in case FIR No.513/2005 registered under Sections 307/120B/353/186 IPC and Section 25 Arms Act at PS Pahar Ganj. By an order dated 25.05.2006, the accused was granted regular bail by this Court in Bail Application No. 871/2006. The accused was directed not to leave India without prior permission of the concerned Trial Court; he shall not attempt to tamper with the evidence or influence any of the witnesses directly or indirectly. Undisputedly, the prosecution has examined all its witnesses. At one stage, the Trial Court had dispensed with the recording of the statement under Section 313 Cr.P.C. qua the accused. However, in Crl.Rev.P. 576/2009 filed by the victim, this Court by an order dated 19.09.2014 directed the Trial Court to record statement of the accused under Section 313 Cr.P.C. SLP (Crl.) No.8534/2014 preferred by the accused against the said order was finally dismissed by an order dated 24.09.2015 (Annexure P-5). In response filed by the accused to the instant petition, it is informed that 313 statement of the accused has since been recorded. On 02.05.2016, the petitioner has moved the Trial Court for re-examination of co-accused Arshad Khan.

(3.) Learned counsel for the petitioner urged that way back in 2005 the accused had sent threatening message to the complainant on his mobile. SMS received on 04.07.2005 at 08.00 p.m. read as "Marne Par Hamein Janat Mile Na Mile, Ye Hava Ye Fiza Mile Na Mile, SMS Karne Me Kasar Mat Kariye Mere Dost Maloom Nahin Upar Ja Kar Mobile Mile Na Mile".