DEEN DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned public Prosecutor for the State and the learned counsel for the complainant and also perused the material on record.

(2.) THIS is an application for cancellation of bail which was granted by the learned court below on 12th of September 2006. Learned Counsel for the petitioner submits that the bail application of the accused non-petitioner No. 2 was earlier filed before this court and the same was dismissed vide order dated 12th of July 2006. He further submits that despite of rejection of the bail application by this court, the learned Court below has granted bail application to the petitioner by the impugned order. This is only on the ground advanced by the learned counsel for the petitioner.

(3.) LEARNED Counsel for the accused respondent No. 2 has submitted that this court while dismissing the bail application of the accused non-petitioner on 12th July 2006, had observed that the petitioner shall be at liberty to file application before the court below after framing of the charge. He further submits that the charge in this case ordered to be framed by the Court below on 1st of September 2006, whereby the accused petitioners were charged for the offences under Sections 147, 148, 323 and 323/149, 304/149 I. P. C. and 3/30 of the Arms Act.