MASOOK ALI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 439(2) of the Code of Criminal Procedure for short to be referred to as 'the Code') for cancellation of bail granted under Section 167(2) of the Code of the accused persons Amarjeet Singh and Ranjit Singh respondents Nos. 2 and 3 herein.

(2.) The facts, in brief, are that according to the prosecution on May 15, 1993 at about 8.30 p.m. in the area of village Kaunke Kalan the respondents Amarjeet Singh and Ranjit Singh committed murder of one Pasa alias Asak Ali son of Fateh Mohammad and caused serious injuries to Raj Bibi and Barkati PWs on account of a dispute regarding the passage. Case FIR No. 47 dated 16-5-1993 for the offences under Sections 302/307/325/34, Indian Penal Code, was registered against both these respondents on the statement of Smt. Raj Bibi at Police Station, Jagraon. Both the respondents-accused were arrested in the case on May 28, 1993. Since the police did not file the challan within the statutory period of 90 days, both the respondents-accused were admitted to bail by order dated September 1, 1993. Admittedly, charges have already been framed against both the respondents and certain prosecution witnesses have also been examined but the main witnesses i.e. eye/injured witnesses have not appeared before the trial Court so far except that Raj Bibi has appeared on the last date of hearing and her examination-in-chief was recorded, and cross-examination deferred.

(3.) Shri Masook Ali, brother of deceased, has approached this Court by way of this petition for cancellation of the bail on the ground that the accused persons managed with the police to delay the filing of the challan and as such obtained bail under Section 167(2) of the Code; that after the release on bail the accused persons started threatening the prosecution witnesses and specifically warned them that if they would appear against them in the said murder case, they would also be killed and suffer dire consequences. The matter was reported to the police vide report dated 16-2-1994 (Annexure P. 1). The petitioner also approached the D.I.G. with an application to direct the prosecution for moving the Sessions Judge for cancellation of the bail. Accordingly, the Public Prosecutor moved an application for cancellation of the bail of the accused persons but the same was dismissed by the Additional Sessions Judge, Ludhiana, vide order dated 11-4-1994 (Annexure P. 2). It is further stated that there is a solitary family of Mohamdans living in the said village and both the accused are threatening the eyewitnesses with dire consequences if they would not compromise with them and if they appeared in the trial. Sworn affidavits of Resham Singh. Mashook Ali petitioner, Smt. Raj Bibi. Smt. Barkat Bibi have been placed on the record. It is even stated that if the accused are allowed to remain on bail, there is every likelihood that the lives of all the prosecution witnesses would be in peril.