SANT RAM Vs. KALI CHARAN

JUDGEMENT

(1.) By this application under section 439(2) of the Code of Criminal Procedure, 1973, (herein called 'the Code') Sant Ram petitioner has prayed that the bail granted to the respendents Kali Charan and Vasdev by Shri Jagdish Chandra, Additional Sessions Judge, Delhi, by his order dated 5th June, 1976, be cancelled. The respondents are accused in case F.I.R. No. 314 of 1976 undesection 302/34, Indian Penal Code registered at Police Station, Kingsway Camp, Delhi. The allegations against the respondents as made in the challan filed by the police are as follows. Jagjit alias Soni son of Ram Chand brother of the respondents because of enmity was murdered last year by one Kishu Kumar son of Bhagat Ram. The said Kishu Kumar is standing trial for the aforesaid offence. The said case against Kishu Kumar was fixed for hearing in the Court for 20th April, 1976. Bhagat Ram and his companion with a view to saving Kishu Kumar were putting pressure on Ram Chand and his sons, including the respondents, to compel the witnesses in the said case not to support the prosecution case. To achieve the said object Bhagat Ram's supporters attacked the wives and children of Romesh and Ram Chand for which a report had been lodged with the local police who had taken appropriate action against them.

(2.) On 3rd April, 1976, the respondents were lying on the 'Charpais' in front of their house B-150, otterum Line, Delhi, while Ram Charan and his daughter Prem Lata were present inside the house. At about 3.35 p.m. the following persons, namely, Shri Romesh alias Peetu, (2) Ashvani Kumar alias Asha, (3) Sant Ram, alias Santa, (4) Ram Chander alias Raja, (5) Wazir Chand. and (6) Mohan alias Mona, armed with knives and lathis' came to the house of the respondents and challenged them. On this the respondents got up, went inside their house, arming themselves with lathis' and 'Dandas' came outside their house. A fight took place between the two parties, while fighting the rival partics came to the lane at the back of the house of the respondents when Romesh alias Peetu and Ashwani alias Budha mounted an attack on Vasdev and Kali Charan with their respective knives which they were carrying in their hands. Vasdev struck a lathi blow on Romesh as a result of which the knife which he was holding fell from his hand. Vasdev inediatcly picked up that knife. Romesh then bit with his teeth on the right wrist of Vasdev, who did not leave the knife. Kali Charan attacked Romesh alias Pettu with a lathi and he fell down on the ground. Vasdev alias Vasu attacked Romesh with the knife that he had earlier snatched from him, and gave 7/8 blows of the knife one after the other in cnick succession. The knife blows struck in the chest and stomach of Romesh. Kali Charan by wielding his lathi in an encounter with Ashvani kept him at bay. Vasdev after causing injuries to Romesh attacked Ashwani. Kali Charan gave a lathi blow on the head of Ashwani as a result of which he got injured. Ashwani ran away from .the spot, the knife which he was holding fell from his hand which some one picked up. Vasdev chased him and gave a knife blow from behind on his right shoulder, who after running a distance of three furlongs fell down near latrines situate by the side of 'Ganda-nala'. The police picked him from the said place and got him admitted in the hospital.

(3.) The respondents were arrested by the police in pursuance to the above allegations on the basis of which F.I.R. No. 314 of 1976 under sections 302/34, Indian Penal Code was registered at police station Kings way Camp, Delhi. They filed an application under section 439 of the Code praying that pending disposal of the case they be released on bail. The said application was heard by Shri Jagdish Chandra, Additional Sessions Judge, Delhi, who by his impugned order dated 15th June, 1976, as already noted above, ordered the respondents to be released on their furnishing "bail in the sum of Rs. 10,000.00 A with two sureties each in the like amount". The learned Additional Sessions Judge pasted the aforesaid order on perusal of the above noted facts and on consideration of the statements of prosecution witnesses, Darshan Lal and Kuldip Singh recorded by the police under section 161 of the Code holding that in the face of the statements of the said witnesses,