NISHAN SINGH Vs. GIAN SINGH

JUDGEMENT

(1.) THIS order will dispose of the petition filed by Nishan Singh under Section 439(2) of the Code of Criminal Procedure seeking cancellation of the bail granted to respondents 1 and 2 (Gian Singh and Dalbiro) on 1.3.1996.

(2.) THE relevant facts are that on basis of the statement of Mukhtiar Singh first information report was recorded. He had recited that he had married his daughter Jasbir Kaur with Dalbir Singh. After four years of the marriage, the father-in-law of Jasbir Kaur, brother and sister-in-law started demanding dowry. On account of that demand he used to give cash to his daughter from time to time. In spite of this they were harassing his daughter and even used to physically assault her. He went to the house of Dalbir Singh number of times. His daughter used to complain about the demand of dowry. His daughter had come to his house. She was unwell and he got her treated. Rs. 10,000/- were demanded by her. Subsequently on the fateful day the complainant with Sarpanch of the village had gone to village Bhahudin. they were informed that Jasbir Kaur was in the hospital. She recited to her father that she was caught hold of by Dalbir Singh and her brother-in-law Gian Singh. Karnail Singh sprinkled oil. Her father-in-law said that she has not brought Rs. 10,000/- and that she should be killed by burning. Dalbiro brought the matchbox and she was set on fire.

(3.) RESPONDENTS 1 and 2 preferred a petition seeking bail with respect to offences punishable under Section 304-B IPC. This Court had granted bail to respondents 1 and 2 by passing the following order :-