F. C. BANSAL, J.

( 1 ) HEARD learned counsel for the petitioner, learned Public Prosecutor and have also perused the case diary and material on record.

( 2 ) LEARNED counsel for the applicant contended that fatal injuries have not been attributed to the petitioner. Charge sheet was earlier filed against 11 co-accused out of which four have been acquitted and seven have been convicted for offence u/s. 302/149, IPC. The sentence awarded to these seven convicts has been suspended by the Division Bench of this Court vide order dt. 9/5/ 2003 in D. B. Cr. App. No. 466/03. Therefore, this bail application be allowed.

( 3 ) THE learned Public Prosecutor has opposed this bail application.

( 4 ) CONSIDERING the aforesaid submissions and after perusal of the evidence collected during investigation and statements of all the witnesses recorded during the trial against co-accused persons and judgment of the trial court dated 12/3/2003 and the order dt. 9/5/2003 passed by Division Bench of this Court, I am inclined to grant bail to the applicant u/s. 439, Cr. P. C.

( 5 ) IT is, therefore, ordered that the petitioner Subhas Keer Sb Sohanlal Keer R/o Keeron Ki Dhani. Tehsil Bansoor (Ai