SUSILA DAS Vs. FAKIR GAUDA

JUDGEMENT

(1.) The daughter and the grandson of the deceased Judhistir Das have filed this application under Section 439 (2), Cr. P.C.with a prayer for cancellation of the bail granted in favour of opposite party No. 1, Fakir Gouda, who is an accused in M.Rampur, P.S.Case No. 70/97. The offence alleged against opposite party No. 1 and co-accused is under Section 302/34, IPC.

(2.) Petitioners have alleged that in spite of existence of a prima facie case against opp. party No. 1 learned Sessions Judge, Kalahandi-Nawapara at Shawanipatna, without due consideration of the materials available in the case diary and on recording wrong findings that no prima-facie evidence was available against opp. party No. 1, allowed him to go on bail. They have further stated that after being released on bail, opp. party No. 1 on 23-10-97 threatened the petitioners as well as the witnesses to terrorise them so as to not to depose against him.

(3.) No show cause was filed by opp. party No. 1 though he received notice and entered appearance. However, rejoinder was filed on his behalf supported by an affidavit filed by the Advocate's Clerk wherein the aforesaid allegations levelled in the petition, have been denied on behalf of opp. party No. 1 with a prayer to reject the petition under Section. 439 (2), Cr. P.C.