PUSHPA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) This is an application under Section 439(2) of the Code of Criminal Procedure for cancellation of bail granted to the respondents 2 to 7 (hereinafter referred to as the accused persons) in a case under Sections 302, 147 and 148 I.P.C. registered" vide FIR No. 13/2000, on the ground that the petitioner, wife of the victim, is under constant pressure and threat from the accused -persons, the fact which she had reported by a written application to the concerned Station House Officer also.

(2.) I have heard the learned counsel for the petitioner, learned Additional Advocate General for the State and the learned counsel for the accused -persons and have also gone through the material papers placed on the record.

(3.) The accused persons amongst others are accused of the commission of the offences punishable under Sections 302,147,148 I.P.C. and are presently on bail granted to them by the learned Sessions Judge, Solan. The learned Sessions Judge while granting the bail observed that out of the bail -petitioners before her six were females one of whom was pregnant and others had minor children at home. Almost all the adult members of their families have been involved in the crime as per the prosecution case leaving behind unattended catties and children, therefore, the learned Sessions Judge found it proper to release the accused -persons on bail subject to the conditions that they would join investigation if required by the police and shall not threaten, dissuade or intimidate the prosecution witnesses and will not leave the local jurisdiction of Solan District without written permission of the Investigating Officer/SHO concerned. The male accused in the case are presently stated to be in custody.