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2018 Supreme(P&H) 919

MAHABIR SINGH SINDHU
Vinod – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioner:Mr. Nonish Kumar, Advocate
For the Respondent:Mr. Vikas Malik, Deputy Advocate General, Haryana

JUDGMENT :

MAHABIR SINGH SINDHU, J.

1. The present petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.939 dated 11.10.2016, registered under Sections 148, 149, 302, 341 & 120-B of the Indian Penal Code and Sections 25/54/59 of the Arms Act, registered at Police Station Sadar, District Karnal.

2. It is contended by learned Counsel for the petitioner that the co-accused, namely, Vikas, against whom main allegations are there in the present case, has already been granted the concession of bail by this Court, vide order dated 08.03.2018. It is further contended that the petitioner is in custody since 25.10.2016 and both prosecution witnesses i.e. PW 6 Pawan Kumar, who happens to be the real brother of the deceased as well as eyewitness and PW 7 Sohan Lal, who is also stated to be the eye-witness, have not supported the prosecution case.

3. The above factual position is not disputed by learned State Counsel, on instructions from S.I. Kulwant Singh.

4. Heard learned counsel for the parties and perused the case file. Paper-book reveals that the testimony of PW-6 Pawan Kumar, who is the real brother of the decea







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