The companyplainant filed an application, out of which this appeal arises, before the Sessions Court for cancellation of the bail to the three appellants on the ground that their petitions for grant of bail were rejected on merits both by the Sessions Court and the High Court.
But as numberchallan was filed by the police in the case within sixty days from the date of the arrest of the appellants they were released on bail on February 23, 1976 under section 167 2 of the Criminal Procedure Code.
Appeal by Special Leave from the Judgment and Order dated 27 8 1976 of the Punjab Haryana High Court in Criminal Misc.
An appeal against the order of the Sessions Judge cancelling the bail was dismissed by the High Court.
The High Court also declined to release them on bail by an order dated February 5, 1976.
Though the other eight accused were released on bail, the bail application of the three appellants was rejected by the Sessions Court on December 15, 1975.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
4090 M of 1976.
K. Mehta and P. N. Puri for the Appellants.
The facts of the case are briefly as follows.
S. Marwah and S. N. Sachthey for the Respondent.
The three appellants, Bashir, Kundan and Sadie, along with eight others are being prosecuted for offences under section 302 read with section 149, section 347 read with section 149 and section 148 read with section 147 Indian Penal Code, for causing the death of one Sagru and grievous and simple injuries to three others.
517 of 1976.
4090 M of 1976 dismissing an application under section 439, Criminal Procedure Code, praying that the appellants be released on bail during the pendency of their trial in a case under section 304 read with section 148, Indian Penal Code.
The First Information Report of the offence was lodged on December 2, 1975 and the three appellants and eight others were arrested on the same day.
Subsequently the police filed challan and the Magistrate companymitted all the eleven accused to the Sessions Court and released them including the appellants on bail.
The judgment of the Court was delivered by KAILASAM, J. This appeal is by special leave by the three appellants against the judgment of the High Court of Punjab and Haryana in Criminal Miscellaneous No.
While eight others were released or bail, the appellants were refused bail as it was alleged that they caused injuries to Sagru.
