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2010 Supreme(J&K) 49

GH.HASNAIN MASSODI
Kulwant Singh – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: Sunil Sethi
Advocate For Respondent: Gagan Basotra

1. Instant petition under Section 498, Code of Criminal Procedure for grant of bail to Sh. Kulwant Singh S/o Vishwanath Manhas, R/o Marallian, Krishna Nagar, R. S. Pura, facing trial on the charges of having committed offence punishable under Section 302 RPC and Section 30 of the Arms Act, is edificed on the following grounds:-

1. That the petitioner has been in judicial custody since May 2005, on false and frivolous charges.

2. That the witnesses examined by the prosecution to substantiate the charges against the petitioner have not supported the prosecution case and the petitioner is being held under custody without there being any evidence on record to connect the petitioner with the alleged crime.

3. That having regard to the evidence brought on the file, there is no reasonable ground for believing that the accused is guilty of the offence alleged in the charge sheet.

4. That the trial is proceeding at a snails pace and unless the petitioner is enlarged on bail, he may have to suffer incarceration without there being his involvement in the alleged offence.

5. That the petitioner is highly qualified person, belongs to a respectable family and running educational institute of repute a


















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