SHAHEED KHAN Vs. JALEEL KHAN

JUDGEMENT

(1.) Both these applications are being disposed of by this common order as they arise out of common crime number. Applicant Shaheed Khan has preferred these applications under section 439(2) of the Cr.P.C. for cancellation of bail granted to respondents Jaleel Khan, Bablu Khan, Sageer Khan and Majjnu @ Mohd. Siddiqui Khan @ Babu (hereinafter referred to as 'the respondents') by Sixth Additional Sessions Judge, Rewa vide order dated 29.6.2011 passed in Bail Application No. 907/2011 and order dated 30.6.2011 passed in Bail Application No. 904/2011.

(2.) It is submitted that the learned trial Court has failed to consider the fact that bail application of one of co-accused Mohd. Ahmad @ Tiwari has been rejected by this Court vide order (P-4) dated 16.12.2009 passed in M.Cr.C. No. 9161/2009. The trial Court has wrongly granted bail to the respondents on the basis of parity of order of bail passed in favour of co-accused Hafeez Khan and Mohd. Yunus. The respondents have tampered with the evidence and threatened the applicant by uttering abusive words, therefore, the applicant filed complaints (P-5 and P-6) in this regard to the Superintendent of Police and SHO, Gudh.

(3.) During the course of the arguments, learned counsel for the applicant has submitted that the Court below has failed to consider the fact that the respondents could have repeated such offence or abscond or may create obstacle in the trial, therefore, the bail granted to the respondents be cancelled.