- (1.)This Criminal Revision under Section 435 read with Section 437 of the Code of Criminal Procedure Svt. 1989 (for short 'Cr. P. C) has been preferred for seeking quashment of order dated June 2, 2009 passed by learned Additional Sessions Judge, Kathua in FIR no. 95/2007 whereby the sole respondent, who was charged for commission of offence under Section 302 RPC, was granted bail.
(2.)The petitioner, in the revision petition, has averred as under:
May it please your Lordships:

The petitioner/State humbly submits as under:-

1. That case FIR No. 95 of 2007 for offence under section 302 RPC, the Respondent was put to trial. The Respondent was charged. The prosecution was leading its evidence. The Court below vide Order dated 2.6.2009 admitted the Respondent to bail, the certified copy of the Order enclosed as Annexure-A.

2. The order dated 2.6.2009 is liable to be set aside on the following grounds:

(A) The Court below has committed material illegality and irregularity while passing the Order dated 2.6.2009 in case FIR No. 95 of 2007. Two persons namely Joginder Singh and Vijay Kumar died and the occurrence attributed to the criminal Act upon the Respondent. The ocular evidence sufficiently established the case against the Respondent. The Court below in the mid of the trial when material prosecution evidence are still to be recorded, the Respondent-accused has been wrongly admitted to bail.

3. The Government has sanction the filing of the revision vide Order No. 1394-LD (ACQ) of 2009 dated 29.6.2009. Copy of sanction enclosed as Annexure-B.

It is, therefore, humbly prayed that the Criminal revision against the Order dated 2.6.2009 may be accepted and Order be set aside.

(3.)Having gone through the averments made in the petition, it appears that the petitioner has basically sought for cancellation of bail granted to the respondent by way of quashment of the impugned order.