Kishore vs State of Rajasthan - 2023 Supreme(Raj) 1861

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2023 Supreme(Raj) 1861

CHANDRA KUMAR SONGARA
Kishore – Appellant
Versus
State of Rajasthan – Respondent

Advocate Appeared:
For the Petitioner:Mr. Abdul Kalam Khan and Mr. Mahesh Chand Meena, Advocates
For the Respondent: Mr. Yashwant Kankhadia, Public Prosecutor

ORDER :

Chandra Kumar Songara, J.

Instant application has been preferred under Section 439 (2) of Code of Criminal Procedure, 1973 seeking cancellation of bail granted to the accused-respondent Nos.2 and 3, namely Devi Shankar and Kuldeep, under Section 438 of Cr.P.C. by this Court in S.B. Criminal Miscellaneous Bail Application No.17253/2022 vide its impugned order dated 29.11.2022, in F.I.R. No.101/2022 registered at Police Station Mantown District Sawai Madhopur for offences punishable under Sections 143 , 323, 341, 307, 302 and 120-B of INDIAN PENAL CODE .

2. It is submitted by learned counsel appearing for petitioner (father of the deceased) that while granting anticipatory bail to the accused-respondents, the informant/complainant had no objection, as the matter was amicably settled between the parties. It is further submitted that in the statement recorded before Investigating Officer under Section 161 of Cr.P.C., the father of the deceased, who is petitioner in the present application, has stated that the accused respondent Nos.2 and 3 are involved in the alleged crime, inspite of that, the complainant stated about the settlement of case. It is also submitted that the aforem

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