Crl.Misc.No.M-32656 of 2009 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-32656 of 2009 (O&M). Decided on: February 04, 2010. Kulwant Singh .. Petitioner VERSUS State of Punjab and others .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.A.S.Mainaise, Advocate, for the petitioner. Mr.Arshvinder Singh, DAG, Punjab, for the respondent-State. Mr.K.S.Kahlon, Advocate, for respondent Nos.2 & 3. M.M.S. BEDI, J. (ORAL) Petitioner seeks the cancellation of bail granted to respondent Nos.2 & 3 Sarup Singh and Bali Singh, on 28.05.2007, on the ground that after being released on bail by this Court they have misused the concession of bail in connivance with other co- accused persons who have helped Satnam Singh alias Satta, to escape from the judicial custody. This has created terror in the mind . . . 1 Crl.Misc.No.M-32656 of 2009 (O&M) of prosecution witnesses and that now they may exercise threat and influence upon the prosecution witnesses. After release of the petitioner, an FIR was registered against them, i.e., FIR No.138 dated 08.09.2008, under Sections 222, 223, 224 and 120-B IPC, Police Station, City, Gurdaspur, alleging that when the case was called by the trial Court, the accused who were in custody and the accused who were on bail gathered in front door of the Court, as such, when Gulzar Singh 1893 was about to take accused Satnam Singh alias Satta to produce in the Court after unlocking of the handcuff, the accused on bail had at once created rush to move inside as such, Satnam Singh instead of getting inside the Court room succeeded in running away from the door of the Court. As such, the petitioners along with other accused went inside to attend the hearing. A similar application has earlier been allowed and bail of Ranbir Singh has already been cancelled vide order dated 29.10.2009. Counsel for respondent Nos.2 & 3, has ultimately contended that all the prosecution witnesses have already been examined and that there are vague allegations against the respondents and that there are not clear allegations levelled as to how respondent Nos.2 & 3, facilitated the escape of a co-accused Satnam Singh from the custody. He has also submitted that the case is at final stage and only one witness remains to be examined. After hearing counsel for both the parties, I am satisfied that, prima facie, the concession granted by this Court to the . . . 2 Crl.Misc.No.M-32656 of 2009 (O&M) petitioner in a case of murder has been misused and a fresh crime has been committed while on bail that too to facilitate the escape of a co-accused in custody who has not yet been arrested. The petition is allowed. The bail granted to respondent Nos.2 & 3, by this Court vide order dated 28.05.2007, is hereby cancelled. Let, respondent Nos.2 & 3 be arrested and sent behind bar during the period of trial. (M.M.S.BEDI) JUDGE February 04, 2010. rka . . . 3