SHIV DARSHAN SINGLA Vs. SHAM LAL

JUDGEMENT

(1.) A case under Section 304-B, read with Section 201 IPC was registered in Police Station City, Panipat, vide FIR No. 251, dated 7.4.1992, against Sham Lal respondent and three others. Sham Lal moved an application for bail which was rejected on 30.4.1992. He again moved an application which was allowed on 21.5.1992. Against this order of bail, the brother of the deceased has filed this petition under Section 439(2) Code of Criminal Procedure for cancellation of bail of Sham Lal.

(2.) LEARNED Counsel for the petitioner has argued that (i) the death had taken place within seven years of marriage, and (ii) that the first bail application was disallowed on 30.4.1992 whereas the second bail application was allowed on 28.5.1992, although no fresh circumstances had supervened.

(3.) I have given a thoughtful consideration to the rival arguments. A perusal of the order datd 30.4.1992 passed by Additional Sessions Judge, Panipat, declining the bail of the respondent Sham Lal would show that the main ground which had weighed with him in rejecting the bail was that there were three other co-accused who had not been apprehended by then. A reading of the impugned order shows that the challan had been put up in the committing Court and all the three co-accused, namely, Chander Bhander Bhan, Parmod and Sushila had been kept in column No. 2. It is also mentioned in the last para of this order that after the death which took place on 27.3.1992. FIR was lodged on 7.4.1992. The cremation was attended by the parents, brothers and sisters of the decreed.