RAJENDRA PRASAD Vs. MADAN ALIAS MUNNA

JUDGEMENT

(1.) This order shall also govern the disposal of Misc. Criminal Case No. 2658 of 1985.

(2.) Petitioner Rajendra Prasad who describes himself to be the brother of deceased Mahendra Kumar has filed this revision for cancellation of bail granted to non-applicants No. 1 to 12 by the court below. Misc. Criminal Case No. 2658 of 1985 is a petition by the State for the same purpose.

(3.) The twelve non-applicants and others had been arrested for the murder of one Mahendra Kumar, allegedly committed on 14.4.1985 in village Leeti. Six of the accused had submitted an application on 29.4.1985, under section 439 Criminal Procedure Code, in the High Court which was registered as Misc. Criminal Case No. 1138 of 1985. Out of the present N. As. non-applicants Jhumaklal, Nukba alias Nokhelal, 5/0. Devidm Kewar, Indra Prasad (Indnilal) s/o. Devidin and Sewak (Sewa) s/o Chhimadhar Kewat were applicants in Misc. Criminal Case No. 1138 of 1985. Learned Judge by his order dated 21.6.1985 rejected the application of the accused who were the applicants in that case. On behalf of accused Sewa s/o. Chhimadhar Kewat an application for bail had been submitted even in the Court below on 15.5.1985. His application was allowed by the court below by order dates 25.5.1985 in B. A. case No. 896 of 1985. The order dated 21.6.1985 of the learned Judge in Misc. Criminal Case No. 1138 of 1985 indicated that this fact was urged before the learned Judge. What has been mentioned in the order is that learned counsel submitted that one of the applicants i.e. Sewak, applicant No. 2 has been released by the Sessions Judge. I am not aware of the ground on which Sewak has been released on bail, and therefore, I cannot make any comment on the order releasing him on bail. There is prima facie case of murder against the applicants and they do not deserve to be enlarged on bail. The application is, therefore, dismissed.