BRIJ MOHAN Vs. STATE

JUDGEMENT

(1.) THIS is an application for grant of bail made by the applicant/petitioner during the pendency of the trial on the ground that the evidence of material witness was over and nothing incriminating had come against the applicant/petitioner. In the application, reference to the contradiction in the statement of witnesses has been made.

(2.) I have gone though the statement of PW1 Mangal Singh. The examination-in-chief of PW1 shows that he completely supported the prosecution's case and has in detail described how the crime took place and what was the involvement of the applicant. He was confronted with his statement made to the police and it is argued that he had improved upon his statement made to the police. Similarly, the attention of the Court was drawn to the contradictions in earlier statement and the statement made in the Court. Learned counsel for the applicant/petitioner has further drawn my attention to the statement of PW3 Dr. S.Kohli, his cross-examination and the statement of other witnesses. It was submitted that this was a fit case for grant of bail in view of improvements, contradictions and in view of testimony of PW3.