SUDHA RANI SHARMA Vs. MUKESH

JUDGEMENT

(1.) THIS is an application under section 439 (2) of the Code of Criminal Procedure, 1973, for cancellation of bail granted to Mukesh alias Mukki by the Sessions Judge, Agra and to Rajesh alias Annu and Om Prakash Sharma on 23-4-1985 by this Court in Crime No. 268 of 1984 under sections 147, 148, 149 and 302 IPC. The opposite parties were also granted bail in crime no. 496 of 1986. These three accused were involved in the aforesaid case (Crime No. 268 of 1984) for the murder of one Narain Swarup Sharma who was the father of the present applicant Smt. Sudha Rami who was an eye-witness in the aforesaid case.

(2.) IN the present application for cancellation of bail it has been alleged that after the bail was granted to the opposite parties, namely, Mukesh alias Mukki, Rajesh alias Annu and Om Prakash Sharma, they have committed an offence under section 307 IPC. (Crime No. 496 of 1986), Police Station Chhatta, District Agra and in that incident Satyadeo and Krishnakant, the real brothers of the applicant, received injuries and the first information report was lodged by the present applicant. The bail application] of the opposite parties was rejected by this Court in the offence under section 307 IPC (Crime No. 496 of 1986). But thereafter these three opposite parties applied for parole/bail before the Sessions Judge, Agra and the said application was allowed. As a result thereof these three opposite parties are on bail at present. The present application has been filed by the applicant for the cancellation of the bail granted to the opposite parties.

(3.) I have heard the learned counsel for the parties. The principles for cancellation of bail have been laid down in State through Delhi Administration v. Sanjay Gandhi (Supra) to the following effect (vide Para 13 page 965) :-