PURAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRL.M.No.3124 of 2012 Application is allowed subject to all just exceptions. CRL.M.No.M-1531 of 2012

(2.) THE present petition filed under Section 439(2) Cr.P.C. is for cancellation of bail granted to respondent no.2 in case FIR No.11, dated 15.5.2010, under Sections 302, 34 IPC, read with Section 2(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, registered at Police Station Tarsika, District Amritsar. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order dated 22.11.2011, passed by a coordinate Bench of this Court granting bail to respondent no.2.

(3.) IT has been contended by learned counsel for the petitioner that there was misrepresentation and material concealment of facts on the part of respondent no.2. He has contended that his statement was not properly recorded by the police as petitioner is a poor person. He has also stated that he had also filed a complaint and, however, the said fact was not disclosed. He has also placed reliance upon a judgment rendered by Hon'ble Allahabad High Court in Tufail Ahmadm v. The State of Uttar Pradesh 2010(4) RCR (Criminal) 542.