POKAR RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application for cancellation of bail filed by Pokar Ram under Section 439(2), Cr. PC read with Section 482, Cr. PC.

(2.) IT may be stated that the Additional Sessions Judge No. I Jodhpur while exercising the powers of the Sessions Judge, Jodhpur on September 13 1983. accepted the application filed by non -petitioner No. 1, Chandansingh under Section 438, Cr.FC and passed the order for releasing him on bail in the event of his arrest.

(3.) AMONGST other objections, an objection was also raised that the complainant -petitioner has no locus -standi to move the application for cancellation of bail. After that the complainant has filed affidavit on Februiry 29, (984 controverting the allegations made in the reply which was filed by non -petitioner No. 1. Non -petitioner No. 1 submitted affidavits of Budda Ram, Ranjeetsingh. Chandansingh, Gokharam, Bhakar Ram and Rugharam on March 21, 1984. Learned Counsel for the petitioner filed three affidavits of (1) Pokar Ram; (2) Bhagchand; and (5) Bhakar Ram on March 22, 1984. Thereafter non -petitioner No. 1 submitted as application on March 23, 1984 praying that the petitioner may be summoned and non -petitioner No. I may be permitted to cross -examine him. This application was opposed by filling reply on March 29, 1984. a application was also moved on March 29, 1984 on of non -petitioner No. 2 to put on record the affidavits of Rugharam, Unkrasingh. Nenaram, Rajuram, Haralal, Motiram, Bheraram, Amluram, Sonaram Dhokalram and the doucuments. This is the material on record.