HARJIT SINGH Vs. JAGDISH SINGH

JUDGEMENT

(1.) THIS is a petition filed by the petitioner under Section 439 (2) of the Code of Criminal Procedure, for cancellation of bail in case FIR No. 109 dated November 1, 1987 under Sections 302/34/201/217/218, Indian Penal Code, Police Station Mohali, Tehsil Kharar, Distt. Ropar, granted to respondent Jagdish Singh on July 5, 1991 by the Incharge Sessions Judge, Ropar.

(2.) THE petitioner who is a brother of the deceased Gurdeep Singh has mentioned in the petition that a case was registered against three Police Officials, namely, Madan Lal, Assistant Sub Inspector, Baldev Singh Constable and Jagdish Singh Inspector. Madan Lal Assistant Sub-Inspector and Baldev Singh Constable were granted bail on September 26, 1989 and October 21, 1989 respectively. Jagdish Singh Inspector was not challaned, as he was shown in Column No. 2 of the report under Section 173 of the Code of Criminal Procedure. However, later on a complaint Jagdish Singh Inspector was also summoned by the Court who appeared in court and moved an application for grant of bail. The Incharge Sessions Judge, vide his order, dated July 5, 1991 allowed him the bail.

(3.) REPLY by way of affidavit has been filed by respondent Jagdish Singh, controverting the allegations made in petition. He has categorically stated in reply to para 3 thereof that he was never served with any summons or non-bailable warrants and the moment it came to his notice, he appeared before the Court on July 5, 1991 and moved an application for bail. The learned Sessions Judge, according to him, was pleased to grant regular bail to him after considering the facts and circumstances of the case.