VIRENDRA SINGH Vs. AVDHESH KUMAR

JUDGEMENT

(1.) This is an application under Section 439(2) Cr. P.C. for cancellation of bail granted to Avadesh Kumar and Anurudha Kumar, opposite parties Nos. 1 and 2 by JInd Additional Sessions Judge, Etawah, by his order, dated 17-3-83.

(2.) Opposite parties Nos. 1 and 2 are facing trial for an offence under Section 302 I.P.C. of police station, Bakewar, District Etawah. They surrendered in Court on 19-11-81. They twice moved the learned Sessions Judge, Etawah, for granting bail to them but their bail applications were rejected. Then they approached this Court for grant of bail but their bail application was rejected on merits on 4-11-82. Thereafter, the opposite parties Nos. 1 and 2 moved bail application before the Second Additional Sessions Judge, Etawah, on 8-3-83 (Annexure 1 to the bail cancellation application). The complainant applicant opposed the bail application and filed a reply (Annexure II to the bail cancellation-application). The JInd Additional Sessions Judge allowed this bail application by the impugned order dated 17-3-83. The complainant requested the JInd Additional Sessions Judge to stay the operation of the order dated 17-3-83 to enable him to approach this Court. A week's time was allowed. The complainant filed the present application in this Court and obtained stay of the operation of the bail order dated 17-3-83.

(3.) The opposite parties Nos. 1 and 2 have opposed the application for cancellation of bail and have filed a counter affidavit.