The court can cancel bail granted by a lower court if it was granted on irrelevant considerations.

1. Sarvshri Sandeep Goyal (informant) and Dildar Singh (injured) have filed the present petition under Section 439(2) of the Code of Criminal Procedure, 1973, for the cancellation of the bail granted to respondent No. 2 Bikramjit Singh alias Biki by the Additional Sessions Judge, Fatehgarh Sahib, vide order dated 5th March, 1997 in case F.I.R. No. 19, dated 17th February, 1997 under Section 307, Indian Penal Code, registered at Police Station, Gobindgarh.

2. First of all I would like to refer to the allegations of the F.I.R. which was lodged at the instance of Sandeep Goyal, petitioner No. 1, who stated that he was proprietor of Gulmohar Hotel. Last evening i.e. 16-2-1997, he along with Rajinder Singh Banti and Dildar Singh, residents of Guru Ki Nagari, Mandi Gobindgarh, had participated in the marriage ceremony of the son of Raj Kumar Channi, resident of Gobindgarh in Vassehra Ground. At about 11.45 p.m. he along with Rajinder Singh and Dildar Singh after urinating outside were entering the marriage camp (Pandal) and were just near entrance of the Pandal, when respondent No.2 Bikramjit Singh alias Biki of Patiala Mill, Mandi Gobindgarh, came there who pulled his hand on the shoulder of Dildar Singh and exhorted him that the latter had gone to the Police Station, Sirhind against the former and, therefore, he would be taught a lesson on that day. It is alleged by the complainant that within the view of Shri Rajinder Singh, the accused took out a pistol from the right pocket of his pant and fired a shot upon Dildar Singh, hitting on his left thigh, due to which said Dildar Singh fell on the ground. The accused again fired a shot aiming at Dildar Singh, but it did not hit him. The Complainant overpowered the accused, who fired a third shot, aiming at the complainant, and this shot also missed. Many people gathered there on hearing the noise of firing.Upon this Biki ran away from the spot along with his pistol. The complainant and Rajinder Singh took Dildar Singh in an injured condition in a car to Civil Hospital, Mandi Gobindgarh for treatment. It is finally alleged in the F.I.R. that respondent No. 2 had fired the shot from his pistol at Dildar Singh with an intention to murder him. This statement was recorded by S. I. Harbhajan Singh and case F.I.R. No. 19, dated 17th February, 1997 under Section 307, I.P.C., was registered at Police Station, Mandi Gobindgarh.

3. Respondent No. 2 Bikramjit Singh made an application on 25th February, 1997 before the Court of Additional Sessions Judge, Fatehgarh Sahib, who vide order dated 5th March, 1997 allowed the bail application, and the operative portion of the impugned order passed by the learned Additional Sessions Judge can be incorporated as follows :-

"7. It was a case of sudden fight during the midnight occurred at 11.45 p.m. when the complainant and the accused-applicant were present in the marriage party. No case has been registered against the complainant regarding the injuries given to the applicant-accused Bikramjeet Singh. As per the medical evidence available on the file the applicant/accused Bikramjeet Singh is still admitted in Rajindra Hospital for the injuries he received whereas the injured Dildar Singh had already been discharged from the Hospital.8. Taking into consideration the number of the injuries existing on the person of the applicant and the fact that he is still in the Rajindra Hospital, Patiala and is under treatment and the fact that the injury attributed to the present applicant is on the non-vital part of the injured Dildar Singh and the injured has since been discharged from the hospital and it is difficult and rather it would be premature to say who out of the two parties is aggressor one, and without touching the merits of the case the applicant is ordered to be released on bail on his furnishing personal bond in the sum of Rs. 25,000/- with one surety in the like amount, to the satisfaction of the Illaqa Magistrate, Amloh.Copy of the order be sent