BHAGIRATH AND ORS. Vs. GOBIND

JUDGEMENT

(1.) This is an application by Sarvshri Bhagirath and three others under the provisions of Sec. 439(2) of the Code of Criminal Procedure, 1973.

(2.) The Respondent is alleged to have committed the murder of one Shri Mall of village Row, Illaqua Hatgarh, Tehsil Sadar, District Mandi, on 5 -6 -1974. The Petitioners alleged themselves to be the eye -witnesses of the occurrence. The Respondent was arrested by the police, but later on he was released on bail on 29 -1 -1975.

(3.) The case has now been committed to the Court of Sessions for trial under the provisions of Sec. 302 of the Indian Penal Code. It is stated that the Respondent bears grudge and enmity against Petitioner No. 1 and his father Petitioner No. 4 on a piece of land which has been purchased by Petitioner No. 1 and his brother which was intended to be purchased by the Respondent. It is stated that there is every likelihood that the Respondent would indulge in Committing any type of offence to satisfy his whims as even if he commits any other offence he will not be the loser in satisfying his ego because he is already facing a case in which capital sentence is provided. In Para 7 it has been stated that he is threatening the Petitioners and other witnesses to keep their mouth shut and not to give evidence against him or otherwise they will make the, statements against the Respondent at the cost of their lives. So, it is on these allegations that the Petitioners 3 have prayed for the cancellation of the bail granted to the Respondent by this Court.