HARMOHINDER KAUR SANDHU, J. - (1.) RAMESH Kumar has filed this application under Section 493 (2) Cr.P.C. for cancellation of bail granted to the respondent vide order dated 17-91992 by learned Additional Sessions Judge-, Sonepat.
(2.) ON the statement of Ramesh Kumar petitioner case FIR No. 622 dated 23-5-1992 was registered against the respondents and one Raj Pal for the commission of murder of Balwan son of Krishan Chander. As per allegations in the first information report, on account of some previous dispute, Meer Singh and Raj Kumar respondents caught hold of Balwan while Raj Pal inflicted a dagger blow in the stomach of Balwan. As a result of this injury Balwan died. Meer Singh and Raju respondents were arrested in this case and they moved an application for grant of bail which was dismissed by Shri B. S. Sharma. Additional Sessions Judge. Sonepat vide his order dated 5-6-1992 Annexure P/1. Both the respondents filed another application for bail which was dismissed as withdrawn on 17-8-92. Copy of the order was placed on record as Annexure P/2. They moved third application for their release on bail which was accepted by Shri V.P. Chaudhary. Additional Sessions Judge, who granted bail to them vide his order dated 17.9.1992 Annexure P/4. The petitioner alleged that while submitting third application for bail the respondents did not disclose this fact that their earlier application for bail was rejected by Shri B.S. Sharma and the order passed by one Judge could not be reversed in a fresh application. It is further pleaded that the respondents were hot-headed persons with previous criminal record and in case they remained on bail -it will not be possible for the PWs to depose true facts. In the return filed by the respondents this fact was admitted that while submitting application for bail Annexure P/3 the fact that earlier bail application was dismissed was not mentioned but it was in the knowledge of the learned Additional Sessions Judge who granted bail because this question was raised during the course of arguments Moreover, when second bail application was filed which was heard by Shri V. P. Chaudhary the factum of dismissal of the first bail application was clearly mentioned. The other averments made in the petition were denied.
(3.) I have heard the counsel for the parties.;