Prayer for bail was made before learned Judicial Magistrate, Ist Class, Batala on 4.11.2004 who refused to grant bail to the appellants.
Questioning companyrectness of the said decision a revision petition was filed before the High Court by the companyplainant respondent No.1.
Kamaljit Kaur hereinafter referred to as the deceased .
P.C. Learned Magistrate rejected the application stating that the challan was presented in companyrt prior to the companypletion of 90 days and therefore, it was presented within the prescribed period.
Subsequently on 7.8.2004 appellant No.3 Kanwaljit Kaur was arrested.
On 2.8.2004 she was found dead.
Their stand before the Court in essence was that since challan was number filed in time, they were entitled to bail in terms of Section 167 2 a ii of the Code of Criminal Procedure, 1973 in short the Cr.
Challenge in this appeal is to the order passed by a learned Single Judge of the Punjab and Haryana High Court cancelling the bail granted to the appellants.
Arising out of S.L.P. Crl.
On the allegation that the appellants had companymitted murder of the deceased, First Information Report in short the FIR was lodged by the Respondent Jarnail Singh and on that basis appellants 1 and 2 Bhupinder and Balwinder were arrested on 5.8.2004.
5850 of 2005 ARIJIT PASAYAT, J. Leave granted.
Factual background in a nutshell is as under On 16.4.2003 appellant No.1 Bhupinder Singh was married to Smt.
