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2023 Supreme(P&H) 352

MANJARI NEHRU KAUL
Achal Vinayak @ Lucky – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Mandeep S. Sachdeva, Advocate, for the Appellant; Mr. Amit Rana, Sr. D.A.G., Punjab., for the Respondent

JUDGMENT

Manjari Nehru Kaul, J. (Oral) - This is the first petition filed under Section 439 of the Cr.P.C. for grant of regular bail to the petitioner in case FIR No.26 dated 23.02.2022 under Sections 379-B, 304, 411 and 34 of IPC, registered at Police Station Division No.4, Jalandhar, District Jalandhar.

2. Learned counsel for the petitioner submits that the FIR in question was registered on the allegations that when the deceased along with PW-1, namely, Arpana was going in a rickshaw, two unidentified youth came on a scooter and snatched the purse of the deceased as a result of which, she lost her balance and fell down on the road. Subsequently, she succumbed to the head injury which she had sustained on account of the fall from the rickshaw. Learned counsel has further submitted that the false implication of the petitioner in the FIR in question finds credence from the fact that while stepping into the witness box, PW-1 Aparna who was stated to be accompanying the deceased on the fateful day, did not support the case of the prosecution, as a result of which, she was declared hostile. In support, learned counsel has drawn the attention of this Court to the deposition of PW-1, Aparn

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