RAMAN SAHANI S/O LATE GRAH BHUSHAN SAHANI Vs. STATE OF UTTARAKHAND AND ORS
LAWS(UTN)-2012-5-97
HIGH COURT OF UTTARAKHAND
Decided on May 07,2012

Raman Sahani S/O Late Grah Bhushan Sahani Appellant
VERSUS
State of Uttarakhand and Ors Respondents

JUDGEMENT

- (1.) Heard.
(2.) By means of this petition moved under Section 482 of Cr.P.C., the petitioner has sought quashing of the order dated 29.03.2012, passed by Additional Sessions Judge/1 st Fast Track Court, Roorkee, in Sessions Trial No. 57 of 2001, State Vs. Raman Sahani and others, whereby said court has cancelled the bail granted to the present petitioner.
(3.) Brief facts of the case are that a murder is said to have been committed of the brother of respondent No.2 in the year 2000, in respect of which, First Information Report was lodged on 16.03.2000, at Police Station-Manglore, against three unknown persons. After investigation, the charge sheet was filed against the present petitioner Raman Sahani with the finding that he was one of the conspirators in commission of the murder. The subsequent charge sheet was filed against the other four accused. From the first charge sheet, relating to Raman Sahani, after committal, Sessions Trial No. 57 of 2001 was registered. From the charge sheet filed against other accused, Sessions Trial No. 463 of 2004, was registered. Both the cases were clubbed together. The petitioner Raman Sahani was earlier granted bail by the learned Sessions Judge, on 10.08.2000. In the year 2008, an application was moved by the prosecution for cancellation of bail of Raman Sahani on the ground that he had threatened the witness Adil (who was earlier examined as PW-1 in Sessions Trial No. 57 of 2001, and later examined as PW-2 in Sessions Trial No. 463 of 2004, whereafter the two trials were consolidated). It is also alleged by the prosecution that relating to the threat, the First Information Report was lodged at Police Station Manglore, which was registered as Crime No. 319 of 2008, in respect of the offence punishable under Section 506 of I.P.C. Adil did not turn hostile but two of the other witnesses turned hostile. Finally, vide impugned order dated 29.03.2012, the bail of four accused namely Raman Sahani, Sushil, Jogendra Dhadi and Tilak Seth was cancelled.;


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