S.N.SAHAY, J. - (1.) This petition is directed against the order dated October, 27, 1989 passed by Sri P.S. Chhabra, I Additional Sessions Judge, Sitapur, cancelling the personal bonds of the petitioners Ram Shankar, Rajaram and Nanhe Singh.
(2.) We have heard the learned counsel for the petitioners and the learned Government Advocate for the State Opposite party, and with their consent proceed to dispose of the petition finally.
(3.) The petitioners along with Narendra Prakash are facing trail in the court of I Additional Sessions Judge, Sitapur in a case under Sections 147/148/149 and 302, I.P.C. The petitioners were on bail which was granted by this Court. An application was moved for the cancellation of bail on various grounds and one of the grounds was that the petitioners had threatened or were threatening the complainant as well as other witnesses. This, application was heard by the learned I Additional Sessions Judge and was rejected in respect of Sheo Naresh accused. As regards others, the following order was passed by him :- "In these circumstances I am of the view that the bail should not be cancelled but it should be suspended for the period till the cross-examination of all the witnesses of fact is completed with the direction that the prosecution shall produce the witnesses of fact before examining any formal witnesses. Till the cross-examination of the witnesses of fact is not over, the personal bonds of the accused persons shall remain cancelled except personal bond of Sheo Naresh. Therefore, I order for cancellation of personal bonds of accused Rajaram, Ram Shankar, Nanhe and Narendra Prakash. Accused Narendra Prakash is in jail and the remaining three accused persons Rajaram, Ram Shankar and Nanhe Singh be taken into custody forthwith. It may be made clear that if the prosecution takes unnecessary adjournments in producing the witnesses of fact then the accused will be at liberty to file fresh personal bonds and will be entitled for release on moving an application.";