DHARAMVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) Petitioner is one of the accused in a case involving Section 302, read with Section 34 of the Indian Penal Code. As per the averments contained in the FIR, the main role has been attributed to Dharam Pal, advocate. It is an admitted fact that High Court has granted bail to Dharam Pal, advocate. Besides that, Dharam Pal's son, Vijay Pal, was also released on bail by the High Court. Though this has been raised as a ground before the High Court, learned Single Judge was not persuaded to grant bail to this appellant on the following reasoning : "looking to the averments made and statement of eye witness no case is made out for the grant of bail to the petitioner. "

(3.) For the purpose of this bail matter, we are unable to treat this appellant in a worse position than Dharam Pal who is attributed with the major role by the person who lodged the FIR and who himself was an eye witness.