(1.) Rajmal complainant (father of the deceased) has filed the instant petition under section 439(2) of Code of Criminal Procedure (in short, Cr.P.C.) for cancellation of bail granted by this Court to respondent no. 2 Sachin Kumar accused in FIR No. 19 dated 24.1.2007, under section 302 IPC and sections 25/30 of Arms Act, registered at Police Station Sadar Gohana, District Sonepat vide order dated 6.11.2008, Annexure P/2, in Criminal Misc. No. M-24099 of 2008.
(2.) Vide order dated 30.3.2009 passed by this Court in the instant petition, order dated 6.11.2008, Annexure P/2 was recalled by allowing instant petition and it was ordered that bail petition bearing Criminal Misc. No. M-24099 of 2008 filed by respondent no. 2 shall be deemed to have been dismissed. Respondent no. 2 preferred appeal against said order. Hon'ble Supreme Court in Criminal Appeal Nos. 136-137 of 2010 vide order dated 15.1.2010 set aside order dated 30.3.2009 passed by this Court and remanded the matter to this Court for fresh decision.
(3.) I have heard learned counsel for the parties and perused the case file.