AWADH KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is aa application for cancellation of bail granted in a triple murder case to the accused Ajay Singh, opposite party No. 2 by the 1st Additional Sessions Judge, Gopalganj in an offence punishable under Section 302 and other ancillary sections of the Indian Penal Code including Section 27 of the Arms Act wherein the opposite party No. 2 is a named accused. The relevant facts for the disposal of this case are as follows :

(2.) Pursuant to show cause notice issued by order dated 21-1-1993 at to why the bail granted to him be not cancelled, opposite party No. 2 Ajay Singh, appeared and filed cause.

(3.) Learned counsel appearing on behalf of the petitioner has submitted that the opposite party No. 2 Ajay Singh including the other two named accused, are the main assailants against whom specific allegations and overt act have been alleged. It is a pre-planned cold blooded murder in which three persons have been killed at the spot at the hands of the named accused persons. It is further submitted that the accused Deepak Singh moved before the learned Sessions Judge for bail, which was rejected and the case of Upendra Singh, Ajay Singh (opposite party No. 2) and that of Deepak Singh, all the named accused in the instant case, stands on the 6ame footing. The occurrence took place on 21-7-1992 and the accused person surrendered on 24-7-1992, but neither any medical report nor any complain was made before the learned Chief Judicial Magistrate regarding the injury sustained by accused Ajay Singh (opposite party No. 2) or has been instituted any case against the prosecution party for the alleged assault and injury on his person. The alleged injury report of accused Ajay Singh, dated the 31st of August, 1992 has been doubted by the learned counsel for the petitioner. He has submitted that there is no such injury entered in the register maintained in jail. He has alleged that the aforesaid injury report has been obtained in collusion with the jail authorities including the medical officer of the jail concerned.