S NIRANJAN SINGH KARAMSINGH Vs. BHAUSAHEB KUSHABA BHISE

JUDGEMENT

(1.) RULE is made returnable forthwith on the request of the learned Counsel for the parties.

(2.) THIS criminal application is filed on 17-10-1995 by the petitioner S. Niranjan Singh Punjabi, Advocate, in person under section 439 (1) read with section 482 of the Code of Criminal Procedure for cancellation of bail granted to the respondents in Criminal Application Nos. 1246 and 1248 of 1995 on 4-10-1995.

(3.) IN his application the petitioner claims to be an eye-witness and real brother of the deceased Ranjit Singh. While narrating the incident it is stated that the respondents No. 2, 3, 4 and one Dattu Shinde beat the deceased with sticks and fists when accused No. 1 Rashid whose bail application was rejected, instigated them by saying " lkys dks ekj Mkyks]> ksmuk er ". It has been pointed out that as per the inquest and medical evidence there were 17 injuries on the person of the deceased and injury Nos. 1 to 5, 7 to 9 and 12 to 15 were incised wounds caused by hard and blunt object. It is, therefore, submitted that by misrepresentation, the respondents No. 1 to 4 obtained the bail on 4-10-1995. In para 6 of the application the petitioner further comes out with the case that the respondents No. 1 to 3 misused their liberty in giving threats to the petitioner in the event he gives evidence in the Court against them. Secondly the petitioner also points out that the petitioner moved the Apex Court for transfer of the Sessions case from Ahmednagar (Maharashtra) to other Sessions Court in other State and the Supreme Court granted stay to further proceedings in the Sessions case on 18-9- 95. It is therefore submitted that the respondents No. 1 to 4 obtained bail by suppressing the order of the Apex Court. Thus, the petitioner seeks cancellation of bail on either of these two grounds.