- (1.) By means of this application moved under Sections 482/407 of the Code of Criminal Procedure, the order dated 7/05/1997 passed by Sri B. K. Rathi, learned District and Sessions Judge, Allahabad releasing S/Sri Asharfi Lal, Sarva Singh and Smt. Nirja Singh, opposite party Nos. 2, 3 and 4, who are inolved in case under Sections 302/201, I.P.C. on interim bail during the pendency of the bail application has been challenged and it is prayed that the aforesaid order be quashed and the opposite party Nos. 2, 3 and 4 be directed to be taken in custody immediately. The prayer that bail application filed by the opposite parties Nos. 2, 3 and 4 be transferred to some adjoining district or to the Court of Additional Sessions Judge at Allahabad has also been made.
(2.) Counter and rejoinder affidavits have been exchanged. On behalf of the applicant, Sri Prem Prakash and Sri Sarvesh, learned counsel, have been heard, On behalf of opposite parties Nos. 2 to 4, S/Sri Ravi Kiran Jain and S. D. N. Singh, learned counsel were heard at considerable length. Learned A.G.A. has also been heard on behalf of the State.
(3.) The case pertains to the alleged murder of one Dr. Sushil Singh of Allahabad. It is alleged that in the night of 30/04/1997 Dr. Sushil Singh had gone to see this friend Dr. Ravindra Kalia. Dr. Sushil Singh was found missing in the morning of 1-5-1997 and his Maruti car was found parked in front of the house of the applicant in mysterious circumstances. Ultimately, the dead body of the deceased Dr. Sushil Singh was found lying on the pucca road in village Suthnari P. S. Hatigama in district Pratapgarh. Opposite party No. 2 is the father-in-law and opposite part No. 3 is the brother-in-law (Saala) of the deceased Dr. Sushil Singh. Opposite party No. 4 is the wife of opposite party No. 3. During investigation of the case by the local police, opposite party, Nos. 2 to 4 were taken in custody. On 7-5-1997, they were remanded to judicial custody by the Chief Judicial Magistrate, Allahabad. On the same day, an application for bail, being Bail Application No. 1976 of 1997, was moved on behalf of opposite party Nos. 2 to 4 before the learned Sessions Judge, Allahabad who on the same day passed the following order :-"7-5-1997.ORDERHeard. Admit. Register. Issue notice fixing 26-5-1997 for disposal.It is contended that all the three applicants are Advocates. It is further contended that the only evidence against them is extra judicial confession. It is further contended that applicant Asarfi Lal is aged 70 years. Considering circumstances, I find it proper to enlarge the applicant for short term bail.Let the applicants be enlarged on their furnishing P. B. for Rs. 10,000.00 with two sureties each in the like amount to the satisfaction of the Magistrate concerned, upto 25-5-1997. They shall surrender before this Court on 26-5-1997.Sd/- B. K. Rathi,Sessions Judge, Allahabad.Accordingly in pursuance of the above order for short term bail, the opposite parties Nos. 2 to 4 were released.;