CHIMAN SINGH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) For causing injuries, including with a fire-arm on the hand and head of Brijendra Singh, Prosecution witness by one of the members of the alleged. unlawful assembly stated to have been formed by the applicants with the said common object, Crime No. 102/96 Under sections 147,148, 149, 323, 324 and 307 Indian Penal Code was registered at police station Uchhan in District Bharatpur. During investigation of the case the investigating officer, the Chatarpal ASI, was of the opinion that the offence Under section, 307 Indian Penal Code, which was a non- bailable offence, was not committed in the case. He, therefore, admitted the applicants to bail Under section 436 Code Criminal Procedure The investigation was, however, transferred to the Circle officer and then to the Dy.S.R l/C. Both these officers, were of the opinion that the offence Under section 307 Indian Penal Code was as well committed, though the Board of Doctors constituted for determining the nature of the gun-shot injury on the head of the injured has opined that the said injury was simple in nature. The investigation officer therefore, moved the learned Addl. Sessions Judge Under section 439(2) Code Criminal Procedure to cancel the bail guaranteed to the applicants by sh. Chatarpal ASI Under section 436 Code Criminal Procedure By his impugned order the learned Sessions Judge accepted his prayer and cancelled the ball. Hence, this application Under section 397(1 ) Code Criminal Procedure by the applicants.

(2.) Mr. N.A. Naqvi the learned counsel for the applicants vehemently urged that once bail had been granted to the applicants in the presents case and the nature of the gun- shot injury had remained the same, the learned Addl.- Sessions judge had no Jurisdiction to cancel the same Under section- 439(2) Code Criminal Procedure as no grounds to cancel the bail Under section 439 existed in the present case. Reliance in support of such argument was placed on supreme Court's decisions in Bhagirath Singh Judeja Vs. State of Gujarat, AIR 1974 SC 372 , Gurcharan Singh & Ors. Vs. State (Delhi Administration) , Prabhu Vs. State & Anr., RCC 1988 (Nov.- Dec.)474 .

(3.) The learned Public Prosecutor, however, pointed out that the present case was from the very beginning registered for a non-bailable offence(Under section 307 Indian Penal Code) punishable with imprisonment for life and there fore bail could not have been granted by the investigating officer Under section 436 Criminal Procedure Code.