BHANWAR LAL Vs. BIRBAL RAM & OTHERS

JUDGEMENT

(1.) This application for cancellation of bail under Sec. 439(2) Cr.RC. has been filed on behalf of complainant Bhanwar Lal against the order dated 18.9.2001 passed by the learned Sessions Judge, Sikar for cancellation of bail being No. 416/2001 arising out of FIR No. 68/2001, RS. Ramgarh Sethan District Sikar, whereby application for cancellation of bail of non-petitioners No. 1 and 2 has been disallowed.

(2.) The relevant facts necessary for the disposal of this application are that the petitioner lodged an FIR No. 68/2001 at RS. Ramgarh Sethan with the allegations that his father Bhagwana Ram Godara died due to the injuries inflicted by the non-petitioners No. 1 and 2 and their other family members. A case for the offence under section 302/34 Penal Code was registered and the non-petitioners No. 1 and 2 were arrested during the course of investigating. Birbal Ram was released on bail vide order dated 9.8 2001 on the ground that the doctor did not find the injuries sustained by Bhagwana Ram Godara as sufficient to cause death in the ordinary course of nature and non-petitioner No. 2 Kesar Deo was released on ball vide order dated 13.8.2001 on the ground that his case was not distinguishable from the case of co-accused Birbal Ram. The petitioner sought cancellation of their bail on two grounds. The first ground agitated on his behalf was that the non-petitioners had sought bail by concealing factual facts from the court. The second ground which was set up for cancellation of bail was that they had misused the liberty of bail granted to them by threatening the complainant and his other family members as also the witnesses Shethana Ram, Girdhari, Sndraj Singh and Jai Prakash to kill them if they deposed against them.

(3.) The learned Sessions Judge found both these grounds baseless and untenable giving cogent reasons for coming to such a conclusion. Hence, the petitioner has moved this application for cancellation of bail granted .to them re-agitating the grounds before this court.