SHADAB MALIK Vs. STATE

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners. The Criminal Petition Nos.15139/2013 and 15171/2013 are taken up together for consideration.

(2.) HAVING regard to the fact that the petitioners are the accused in an incident whereby several accused have approached this court seeking bail. On the ground that the complainant has made three additional statements after his original complaint, changing his version as to the overt acts attributed to the several petitioners. Since this court was not happy with the manner in which the complainant has taken divergent stands in so far as absolving some accused of their overt acts and giving a totally different version of the overt acts attributed to other accused, this court having opined that on the basis of such allegations the accused /petitioners being remanded to judicial custody was not warranted and having granted bail, the present petitioners are some more accused who are before this court seeking enlargement on bail. By the same token of reasoning and on parity the present petitioners who are accused of instigation in the commission of the offences would be entitled to enlarge on bail. Accordingly the petitions are allowed. Hence, the petitioners shall be enlarged on bail, subject to the following conditions: