A.S. Bains, J. - (1.) This application is filed by Smt. Harnam Kaur widow of Banta Singh, who is about 80 years of age for cancellation of the bail of the accused-respondents who are being prosecuted under section 302, Indian Penal Code. The allegations against the respondents are that they murdered the son of the petitioner, who is the complainant. The prosecution was initiated at the instance of the petitioner the mother of the deceased on a complaint as the police earlier did not move in the matter. It is further alleged that the accused-respondents were allowed bail by the learned Sessions Judge, Ludhiana, on 7th March, 1979, and that now the respondents are threatening the witnesses and if they remain on bail, fair trial is not possible.
(2.) Mr. P.S. Sandhu, learned counsel for the petitioner, has also pointed out that Gurmel Singh, respondent No. 1, was convicted, under sections 326 and 323 with the aid of section 34, Indian Penal Code, after the occurrence, for causing hurt to Labh Singh, who is a witness in this case ; that the respondents subsequently tried to involve the eye-witnesses in a false ease by lodging false first information report on 7th April, 1979, which was later on cancelled. In this view of the matter, I am of the opinion that fair trial will not be possible if Gurmel Singh and Rachhpal Singh, respondents remain on bail. Accordingly their bail is cancelled.
(3.) Their bail bonds stand cancelled and they will surrender before the Magistrate forthwith. So far as other accused-respondents are concerned, the application qua them is dismissed. Petition allowed.;