CHANDAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHANDAN Singh and Uchhab Singh petitioners have applied for bail by was of an application under Section 499, CrPC. The two petitioners stand involved in a criminal case State v. Chandan Singh And Ors. under Sections 147, 148, 307, 326, 325, 324 and 323 read with Section 149, IPC which is pending in the court of the Chief Judicial. Magistrate, Jodhpur. In the aforesaid case the two petitioners were admitted to bail by the learned Sessions Judge, Jodhpur. It was alleged that, while remaining, on bail, they threatened to kill one of the eye -witnesses, namely, Kheta Ram, in case he appeared in the witness -box to give evidence against them and in this manner tried to destroy the evidence which prosecution proposed to lead in support of its case. Kheta Ram was threatened and terrorised in the night between 1st and 2nd December, 1977 inside his room. He lodged a first information report of the incident with Police Station, Shastri Nagar on 2nd December, 1977. On the basis of the said report the police registered a criminal case under Section 452, IPC and proceeded to inquire into the matter. On completion of investigation, a challan was put up against the petitioners in the court of the Judicial Magistrate No. 1, Jodhpur, for an offence under Section 452, IPC. Mohan Singh who, was the complainant in the referred to above case State v. Chandan Singh and Ors. pending in the court of the Chief Judicial Magistrate Jodhpur, came to know from Kheta Ram that the latter had been threatened and terrorsted by the petitioners, so he rushed to the court of the Sessions Judge, Jodhpur, and filed an application for cancellation of the bail granted to the petitioners in his case. The State of Rajasthan also moved the Sessions Judge by way of a separate application for cancellation of the bail of the petitioners, on the ground that the latter have tampered with prosecution witness Kheta Ram by exerting undue influence on him so as to destroy his evidence or to minimize its effect against them.

(2.) THE learned Sessions Judge heard both the applications for cancellation of bail and cancelled the bail of the petitioners and committed them to custody. Hence, the petitioners have moved this Court for bail, as stated above.

(3.) CONSEQUENTLY , I accept the application filed by the petitioners, set aside the order of the Sessions Judge, Jodhpur, dated 17th December, 1977, and direct that the petitioners Chandan Singh and Uchhab Singh shall be released on bail, provided each of them furnishes a personal bond in the amount of Rs. 10,000/ -, together with two sureties of Rs. 5000/ -, each to the satisfaction of the Chief Judicial Magistrate, Jodhpur, for his appearance in the court of the said Chief Judicial Magistrate, Jodhpur, on each and every date of hearing or whenever called upon to do so. I would like to observe that the observations which I have made regarding the affidavit of Khetaram shall not affect or prejudice the mind of the Judicial Magistrate No 1, Jodhpur in whose court the case against the petitioners under Section 452, IPC is pending. The Judicial Magistrate shall be free to come to his own conclusion regarding the merits of the evidence including that of Kheta Ram.