SHANTI DEVI Vs. SHIV DARSHAN SINGH

JUDGEMENT

(1.) THIS application has been filed under Section 439 (2) of the Cr.P.C. for cancelling the bail granted to respondents no. 1 to 3 by the court below. The respondents No 1 to 3 are involved in case crime no. 55 of 2009 under Sections 419, 420, 467, 468 & 471 IPC of P.S. Paraspur, district Gonda. They have been released on bail vide order dated 02.05.2009 by learned Sessions Judge, Gonda. The ground taken, and as submitted by learned counsel for the applicant, is that the learned Sessions Judge while granting bail to the respondents has made certain observations which will go to effect the civil proceedings pending between the parties before the court and the investigation of the crime, which is still under investigation. It is well settled that any observation made while disposing of bail application shall not effect the trial or the investigating. In any case, it appears necessary in the interest of justice to hear the respondents. Issue notice to respondents no. 1 to 3 returnable at the early date. List immediately after service of notice.