L.C. Bhadoo, J. - (1.)EVEN though the bail was granted to the accused persons on different dates by the Additional Sessions Judge under Section 439 of the Code of Criminal Procedure. 1973 (for short the Code) but all these miscellaneous criminal cases are relating to the same incident, therefore, they are being disposed by this common order.
(2.)INJURED Shiv Kumar Gupta has moved all these petitions under Section 439(2) of the Code for cancellation of the bail granted to the accused persons. Misc. Criminal Case No. 1542 of 2002 has been filed for cancellation of bail granted to accused/non -applicant Ajay Arora by Mr. K. Das, Additional Sessions Judge, Manendragarh vide order dated 17/04/2002; Misc. Criminal Case No. 1565 of 2002 has been filed for cancellation of bail granted to accused/ non -applicants Surendra Sindwani and Harun Memon by the same Judge i.e. Mr. K. Das, Additional Sessions Judge, Manenedragarh vide order dated 19 04 2002; Misc. Criminal Case No. 1563 of 2002 has been filed for cancellation of bail granted to accused/non -applicant Harjeet Singh Chhabra by Mr. S.K. Patel, Additional Sessions Judge, Baikunthpur (Korea) vide order dated 23/ 04/2002 and Misc. Criminal Case No. 1564 of 2002 has been filed for cancellation of bail granted to accused/non -applicants Gurubakhsh Singh Chhabra, Jasbir Singh Raina alias Babloo, Gurjeet Singh Raina alias Tingu and Narendra Singh Raina alias Bunty also by Mr. S.K. Patel, Additional Sessions Judge, Baikunthpur (Korea) vide order dated 15/05/2002.
Non -applicants (i) Harjeet Singh Chhabra, (ii) Gurubakhsh Singh Chhabra, (iii) Jasbir Singh Raina alis Babloo, (iv) Gurjeet Singh Raina alias Tingu, (v) Narendra Singh Raina alias Bunty, (vi) Surendra Sindwani, (vii) Harun Memon and (viii) Ajay Arora are accused in Crime No. 164 of 2002 registered at Manendragarh Police Station for the offences punishable under Sections 147, 148, 149 and 307 of the Indian Penal Code and Sections 25 & 29 of the Arms Act. The incident took place on 03/04/2002 at about 11.15 P.M. at Hajari Chowk, Manendragarh. The case of the prosecution is that the accused persons, after forming unlawful assembly in furtherance of their common object to commit the murder of Shiv Kumar Gupta, had attacked him with the weapons namely firearms, gun, sword, katta etc. and in the incident Shiv Kumar Gupta received serious injuries including gun shot injury.

(3.)THESE petitions have been filed by complainant Shiv Kuamr Gupta on the ground that the accused/non -applicants have been granted bail to the utter surprise of every one on unjustified grounds within a very short period from the date of incident. Accused Ajay Arora has been admitted to bail on the ground that no injury was inflicted by him and trial of the case is likely to take sometime. The learned Additional Sessions Judge, Baikunthpur admitted to bail accused Harjeet Singh Chhabra on the ground that looking to the nature of offence and the fact that the other co -accused has been released on bail, he deserved to be enlarged on bail, Accused Surendra Sindwani and Harun Memon have been admitted to bail on the ground that they were merely present along with the main accused Harjeet Singh at the place of the incident with clubs. Accused Gurubakhsh Singh Chhabra, Jasbir Singh Raina alias Babloo, Gurjeet Singh Raina alias Tingu, Narendra Singh Raina alias Bunty have been admitted to bail on the ground of parity as also on the ground that the trial of the case is likely to take time.