PHOOL CHAND Vs. KAILASH

JUDGEMENT

(1.) Two separate petitioners have been filed on behalf of the petitioner Phool Chand S/o Shri Mali Ram under Section 439(2) of the Cr.P.C. seeking cancellation of bail of the accused respondents Kailash and Smt. Choti who were granted bail by this Court on 27th May, 2002 and 21st September, 2000, respectively. Hence, these both the petitions are disposed of with this common order as they pertain to one FIR No. 82/2000 of Police Station Khandela District Sikar.

(2.) Heard the learned counsel for the petitioner as also the learned counsel for the respondents and the learned Public Prosecutor appearing for the State and perused the relevant material available on record.

(3.) Learned counsel for the petitioners has contended that initially both the accused respondents were arrested in the offence under Section 306 of IPC and the High Court also granted bail to them treating that they were accused of the offence under Section 306 of IPC but the learned trial Court has framed charges against both the them in the offence under Section 302 of IPC. Thus, the circumstances of the case and the nature of the offence has changed and the same is causing adverse effect on the trial of the case pending before the CBI Court.