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2006 Supreme(P&H) 532
PUNJAB & HARYANA HIGH COURT
Adarsh Kumar Goel, J.
Nirdev Singh
Versus
State Of Punjab
Criminal Miscellaneous No. 1987 of 2006,
Decided On : FEBRUARY 17, 2006
Headnote:Criminal Procedure Code, 1973 - Section 439 - Bail - Grant of - Murder - Offence under Section 302/34 Indian Penal Code, 1860 Bail granted to co - accused - Plea that co - accused stand on different footing, as he was found innocent by investigating agency at one stage - Bail granted to petitioner. (Para 4)
Adarsh Kumar Goel, J.
1. Heard.
2. Offence alleged is under Sections 302/34 IPC.
3. Deceased Pawan Kumar is said to have been attacked by Sanjeev Kumar, Naresh Kumar and petitioner Nirdev Singh. Sanjeev Kumar is attributed injury on the head, Naresh Kumar near the left ear while the petitioner is attributed injury on the left eye.
4. Counsel for the petitioner submits that co-accused of the petitioner stand on different footing, as he was found innocent by the investigating agency at one stage and thus, pending trial, he ought to be kept in custody for a long time. It is stated that bail application of Naresh Kumar co-accused has been dismissed.
5. Without expressing any opinion on merits, the petitioner is granted bail to the satisfaction of CJM Duty Magistrate, Hoshiarpur.
6. The petition is disposed of.
