GURDIP SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Respondents 2 to 4, namely, Gurbachan Singh @ Lilly, Harbans Singh and Rajinder Singh were granted bail by the learned Additional Sessions Judge, Jagadhri in FIR No. 26 dated 1.2.1998 registered at Police Station Bilaspur under Section 302/323/34 IPC. Gurdip Singh-Petitioner herein has approached this court under Section 439 (2) Cr.P.C. for cancelling the bail granted to the above said respondents 2 to 4.

(2.) It is on the statement of Gurdip Singh that the respondents 2 to 4 herein have been by the learned Additional Sessions Judge, Yamunanagar at Jagadhri to face trial under Section 302 read with Section 34/109 IPC. The learned Additional Sessions Judge, Jagadhri however held that the respondents 2 to 4 herein were found innocent during investigation by the police and that they have been summoned after recording the statement of the complainant- Gurdip Singh. He, therefore, granted them bail. That is why the petitioner has approached this Court for the cancellation of bail granted to respondents 2 to 4. But even at the time of issuing notice. This petition was dismissed with regard to respondents 3 and 4, namely, Harbans Singh and Rajinder Singh since only lalkara had been attributed to them. Notice was issued with regard to the 2nd respondent- Gurbachan Singh only.

(3.) I have heard the counsel for both the sides and perused the records on file.