JUDGMENT

1. This application under Section 439 (2) of Cr.P.C. has been registered for cancellation of bail on suo motu exercise of power by this Court while considering the bail application of the co-accused Sikandar Singh Narvariya alias Lalu in Criminal Appeal No.5870/2021.

2. The prosecution case in short is that the complainant Upendra Singh Jatav made a complaint to the police that about 6-7 days back his neighbor Shyamlal was beaten by Sikandar Singh Narvariya alias Lalu, Daplu S/o Nathu Singh Narwariya and respondent-Gajendra Singh Narwariya and thereafter they took the injured to Gwalior and from thereafter, whereabouts of Shyamlal are not known. On the aforesaid information, an enquiry was initiated and statement of witnesses in Merg enquiry were recorded. The Police found that in fact the deceased Shyamlal was beaten by Sikandar Singh Narvariya alias Lalu, Daplu @ Omkar and respondent-Gajendra by Lathi and thereafter they took the deceased to Gwalior and got him admitted in J.A. Hospital Gwalior in the fake name of Nathuram S/o Hukum Singh. The injured Shyamlal, who was admitted in the hospital by co- accused Omkar Singh in the name of Nathuram s/o Hukum, expired on 08/06/2