Roshan Lal vs Pyare Lal And Ors.
1990 Latest Caselaw 169 Del

JUDGMENT

P.K. Babri, J.

(1) This petition has been moved under Section 439(2) of the Code of Criminal Procedure seeking cancellation of the bail of Pyare Lal-respondent No. 1 and Mohan Lal-respondent No. 2. It is not necessary to refer to the grounds pleaded in the main petition seeking cancellation of the bail because the petitioner had filed additional grounds seeking cancellation of bail of the respondents which appear to have a lot of force.

(2) The bail was granted to respondents 1 & 2 in the murder case and a condition was specifically imposed in the order granting bail that the accused shall not enter the territorial jurisdiction of Police Station Ashok Vihar without permission of the court concerned.

(3) The petitioner has alleged that on October 14, 1989. at about 12.15 P.M. the said respondents 1 &2 had entered the jurisdiction of the Police Station Ashok Vihar and they were armed with daggers and had come near the houses of the complainant and witness Ram Kumar and the police had apprehended them and cases under Sections 25 & 27 of the Arms Act have been registered against them. It is not disputed before me that such cases stand registered against respondents 1 & 2 but the plea taken is that on September 29, 1989, Suresh, a cousin of deceased Sultan had attacked Maya Devi's husband Prabhu while he was traveling in a bus and he had received injuries and he was removed to Bara Hindu Rao Hospital. The said Prabhu is stated to be the real brother of respondents 1 & 2. Prabhu was allegedly kept in the Intensive Care Unit for about five days and thereafter he was removed to the Ward. It is alleged that another operation was to be performed on Prabhu and blood was necessary to be given to him and respondents 1 & 2 after taking written permission of the Magistrate had come for giving blood and they had given the blood and while they had come to take the bus, they were falsely implicated in the said cases under the Arms Act.

(4) It is admitted that Bara Hindu Rao Hospital is not located within the jurisdiction of Police Station Ashok Vihar. As a matter of fact, no permission was needed from the Magistrate for coming to the said hospital by respondents 1 & 2. It may be possible that they, in order to cover up their intentions, obtained the permission from the Magistrate and when they were coming near the houses of complainant and the witness in the murder case, they were apprehended. It is not shown that they had any business to enter the territorial jurisdiction of Police Station Ashok Vihar. So, it is clear that in all probability respondents 1 & 2 had come armed with weapons with some purpose when they were apprehended near the houses of complainant and the eye witness. It is also evident that some serious occurrences had taken place even after the murder that the brother of respondents 1 & 2 had been stabbed and possibility of taking revenge on the part of respondents 1 & 2 for such an attack cannot be over-ruled. Be that as it may, I find it a fit case for cancelling the bail of respondents 1 & 2.

(5) I allow this petition and cancellation the bail of respondents 1 & 2 and direct them to surender to the court immediately.