MOHINDER SINGH Vs. SUKHDIP RAI

JUDGEMENT

(1.) THIS is an application for cancellation of bail granted to respondents No. 1 to 3. The petition is filed by the complainant. The respondents were arrested in connection with the offence under Section 302 of the Indian Penal Code in a complaint case titled Mohinder Singh v. Sukhdip Rai pending before the learned Additional Sessions Judge, Gurdaspur. Respondents No. 1 to 3 were released on bail by the order of this Court on 27.9.1996.

(2.) THE reasons put forth by the petitioner for cancellation of bail are not on merits of the case as such but the petitioner seeks cancellation of bail on the ground of misuse of the discretion of bail exercised in their favour. It is the contention of the petitioner that after getting bail the respondents No. 1 to 3 (private respondents) started harassing the complainant and his witnesses to settle the matter outside the court. The petitioner has filed copies of two subsequent complaints annexures P/2 and P/3. Annexure P/2 is the complaint made by witness Dharam Singh to the Senior Superintendent of Police and the annexure P/3 is the complaint made by the petitioner to the Director General of Police, Chandigarh. Annexure P/2 is dated 10.10.1996 and annexure P/3 is dated 22.10.1996. Learned counsel for the petitioner vehemently argued that in view of the fact that the witnesses and the complainant are being threatened, the private respondents are misusing the discretion exercised in their favour by this court to grant bail and, therefore, he contended that the bail granted to the private respondents be cancelled. He further argued that case has been adjourned from time to time but the evidence could not be recorded as the complainant and the witnesses apprehended danger at the hands of the accused party and contended that if they dare to go to the Court, they will not be spared.

(3.) REJECTION of bail is one thing and the cancellation of bail which is already granted is another. It will not be proper-prudent to cancel the bail unless there are cogent reasons shown by the petitioner.