HARI CHAND Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Heard. This is an application under section 439(2) Crimial P.C. for cancellation of bail granted to the respondents Ghariba and Vinod on 6.7.1999 by the Additional Sessions Judge, Dholpur in Sessions Case No. 99/98. The above named respondents, along with the co-accused in the case were alleged to have 5 caused death of the deceased and simple and grievous hurt with sharp and blunt weapons to a number of prosecution witnesses. Thrice, the learned Additional Sessions judge had himself declined to admit the respondents to bail. This Court too had refused bail to them vide its order dated 1.9.98 in S.B. Criminal Misc. Bail Application No. 4373/98 Smt. Santro and ors. Vs. State of Rajasthan .

(2.) The IVth application for bail was moved before the learned trial Judge after his recording the statement of three eye-witnesses. Although the learned Public Prosecutor and the learned counsel for the complainant opposed the said application, particularly on the ground that both the respondents had been attributed active participation in the vigant incident and specific injuries were caused by them on vital part of the body of the deceased and that as many as nine injured witnesses were there to be examined but on appreciation of the testimony of the three eye-witnesses who has already been examined by them, the learned trial Judge, in his discretion, thought it proper to release the applicant on bail.

(3.) I heard the learned counsel for the parties at length and perused the relevant material as was placed before me.