HAZURA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER -Hazura Singh, son of Waryam Singh through present petition filed by him under Section 439(2) of the Code of Criminal Procedure seeks cancellation of pre-arrest bail granted by the Sessions Judge, Hoshiarpur on November 25, 1994 (Annexure P2) to respondents 2 to 10.

(2.) BEFORE the matter may proceed any further, it is relevant to note that prior in point of time the petitioner filed Crl. Misc. No. 19513-M of 1994 wherein the main prayer was for handing-over the investigation of the matter of C.B.I. as according to the petitioner, the police officer entrusted with the matter, was trying to help the respondents. Both these petitions were ordered to be heard together and on the date when the matter came up for arguments, learned councel for the petitioner did not press Crl. Misc. No. 19513-M of 1994 as by that time prosecution had already filed challan against all the accused in the Court.

(3.) BASICALLY , the contention of learned counsel appearing for the petitioner is that the respondents have obtained orders in their favour by mis-stating the facts as also that the prosecution is siding with the respondents, who are Punjab police employees. It is also being argued that on the one hand Mr. G.S. Bhullar, Inspector General of Police, Punjab, is delaying the inquiry, on the other hand accused are sending threats to refrain from deposing again them. It is also the case of petitioner that by getting some false statements from the prosecution, respondents have been able to obtain order of pre-arrest bail in their favour.