MANPHOOL RAM CHAMAR Vs. STALE OF RAJASTHAN

JUDGEMENT

(1.) This application Under Section 439(2) Cr.P.C. for cancellation of bail has been preferred against the order dated August 31, 1990, passed by the Sessions Judge, Sri Ganganagar, by which the learned Sessions Judge granted bail to Laxman Singh and Tara Ram.

(2.) Accused Laxman Singh and Tara Ram are facing trial for the offence Under Section 302/34. I.P.C. in connection with F.I.R. No. 26 of 1990, registered at Police Station, Chunawad, district Sri Ganganagar. The case of the prosecution as unfolded in the First Information Report filed on January 5, 1990 is that on that day, at about 12.30 p.m., the petitioners gave beating to the complainant Het Ram by Gandasi and caused injury to him, due to which he succumbed to the injuries. After their arrest, the accused-non petitioners Laxman Singh and Tara Ram moved an application for the grant of bail and the learned Sessions Judge, by his order dated August 31, 1990, allowed the application and ordered for the release of the non-petitioners No. 2 and 3 on bail. It is against this order that the complainant has filed this application for cancellation of the bail.

(3.) Heard learned Counsel for the petitioner, the learned Public Prosecutor and the learned Counsel for the accused-respondents.