S.N Variava, J.— By this petition the applicant (who was Respondent 2 in Criminal Appeal No. 880 of 2001) seeks review of judgment and order dated 31-8-2001. Parties are being referred to in their capacity in Criminal Appeal No. 880 of 2001.
2. Briefly stated the facts are as follows:
The petitioner is the informant and husband of one Shrimati Hem Lata Pandey. The said Hem Lata Pandey had appeared as an eyewitness against the accused of Respondent 2 viz. one Shri Vinod Kumar, in a trial for murder of the wife of Vinod Kumar. Vinod Kumar was convicted by the trial court and sentenced to life imprisonment. Vinod Kumar was granted bail by the appellate court. The said Hem Lata Pandey, on coming to learn that Vinod Kumar had been granted bail, approached the Government for protection. She also filed a petition before the High Court of Judicature at Allahabad. The petition was disposed of with a direction to the Home Secretary to consider the representation of the lady. In spite of all this, no protection was given to the said Hem Lata Pandey.
3. It is claimed that on 31-1-2000 the informant was working along with his wife and two servants in his own field. Respondent 2 and Vinod Kumar came to the field and opened fire with their guns at the said Hem Lata Pandey. As a result of this the said Hem Lata Pandey received gunshot wounds on her chest and died on the spot. A case has been registered against Respondent 2 and Vinod Kumar under Section 302 read with Section 34 of the Indian Penal Code.
4. Respondent 2 moved an application for bail. This was rejected by the Sessions Court on 13-7-2000. Respondent 2 then moved an application for bail under Section 439 of the Criminal Procedure Code before the High Court of Judicature at Allahabad. The High Court directed release of Respondent 2 by order dated 29-9-2000. Against the order dated 29-9-2000, the petitioner filed an SLP before the Court. By order dated 31-8-2001 this Court cancelled the bail, inter alia, on the ground that under Section 437 of the Criminal Procedure Code, if a person has been previously convicted of an offence punishable with life imprisonment then that person shall not be released on bail unless there is no reasonable ground for believing that the person has not committed the offence and that there are special reasons to do so.
5. By this review petition, it is being pointed out that the facts mentioned in the order dated 31-8-2001 pertain not to the applicant but to Vinod Kumar. It is submitted that the provisions of Section 437 of the Criminal Procedure Code do not apply as the applicant has not been tried or convicted in any other matter.
6. Mr A.S Pundir, who appears for the State, fairly admits that the facts mentioned in order dated 31-8-2001 do not pertain to Respondent 2 but pertain to co-accused Vinod Kumar. In this view of the matter, we set aside the order dated 31-8-2001 and restore Special Leave Petition (Criminal) No. 1970 of 2001 to the file of this Court.
7. We now take up Special Leave Petition (Criminal) No. 1970 of 2001. The question is whether the order of the High Court granting bail to the applicant can be sustained.
8. Mr Pundir points out that even prior to the present case Respondent 2 has been involved in the following two cases:
(i) Case Crime No. 104 of 1997 for the offences under Sections 143, 323, 504, 506, 352, 427 IPC of Police Station Pokhraj — the said case ended in submission of a final report.
(ii) Case Crime No. 228 of 1998 for the offences under Sections 147, 148, 452, 382, 504, 506, 427 IPC of Police Station Pokhraj (Kaushambi) — charge-sheet was filed on 11-10-1998 and the case is pending trial in the Court.
9. It is also to be seen that Respondent 2 is the main accused in the killing of Smt Hem Lata Pandey. The High Court had granted bail on the following grounds:
“It is not disputed that the investigation of the case has been entrusted to CB/CID by the order of the Chief Minister, copy whereof is Annexure 10. It is also not disputed that CB/CID normally takes a year or so in concluding the investigation. The allegations of ailment of the applicant are not specifically denied. Only this much is stated that documents are forged and have been prepared to obtain bail.
Considering facts and circumstances of the case, I am of the view that the applicant may be released on bail.”
10. In our view, these are not grounds on which bail should be granted in a case of such a serious nature. It is to be seen that two witnesses have already retracted their statements. There are still eyewitnesses, who have directly connected Respondent 2 and assigned a specific role to Respondent 2 in the murder of the deceased. So far as the ailment of Respondent 2 is concerned, it is not of such a nature as to require him to be released on bail. Respondent 2 can always apply to the jail authorities to see that he gets the required treatment. It is pertinent to note that in the review petition, it has not been stated that the applicant still needs medical treatment. It is not stated that he has not received proper medical treatment from the jail authorities.
11. For the reasons aforesaid, we set aside the order of the Allahabad High Court dated 29-9-2000. The appeal stands disposed of accordingly. There will be no order as to costs.