ASHOK SACHDEVA Vs. STATE

JUDGEMENT

(1.) The present application for cancellation of bail has been filed on behalf of the petitioner who is the injured-complainant in the present case. The respondent No. 2 was arrested in connection with FIR N9. 266/09 registered at the Police Station Sadar, District Sri Ganganager for the offence under Sections 307, 325, 323, 341/34 Indian Penal Code for having caused sharp weapon injuries to the petitioner.

(2.) The respondent No. 2 subsequent to his arrest approached this Court for being released on bail under Section 439 Criminal Procedure Code and the bail application filed by the respondent No. 2 Satpal Singh came to be registered as S.B. Criminal Misc. Bail Application No. 4990/2009. This Court has rejected the bail application filed by the respondent on 8.12.2009, after making the following observations:

(3.) Thereafter, just after a laps of 14 days i.e. on 22.12.2009, another bail application was moved by the respondent before the learned Sessions Judge, Sri Ganganagar. At the foot note of the bail application as well as in the body of the bail application, it was mentioned that it is a second bail application on behalf of the respondent and that his earlier bail application had been rejected by the Hon'ble High Court. The bail application came to be heard by the link Officer who was officiating as the Sessions Judge, Sri Ganganagar in the winter break. The bail application thus filed by the respondent was allowed by the order dated 31.12.2009 and in the para 4 of the order, the learned Judge while granting bail to the respondent No. 2 observed that none of the injuries of the injured was dangerous to life and that the wife of the accused was undergoing treatment and as such, the respondent No. 2 was directed to be released on bail in the matter.