NARESH KUMAR AND BITTU Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the petitioner for release on bail under Section 439 of the Code of Crl.Procedure. The petitioner had filed earlier a similar petition bearing No.Crl.M(M)1062/92 and inter alia had contended that two co-accused, namely, Suresh Kumar and Pradeep Kumar had been released on bail. The said petition was dimissed by a learned Judge of this Court vide order dated 29th July, 1992. It was mentioned in this order that the said two accused simply caught hold of the deceased whereas the petitioner was armed with a knife and is alleged to have caused injury on a vital part of the body.

(2.) In the present petition, it has been submilted that when the earlier bail petition, of the petitioner was dismissed on 29th July. 1992, the evidence of the eye witnesses had not been recorded. But now the evidence of both the eye witnesses, namely, Pawan Kumar, S/o Laxman Dass, (Public Witness -1) and Pawan Kumar S/o Rameshwar Dass, (Public Witness -2) has been recorded on 21st September, 1992 and 22nd September, 1992 and both these witnesses have been declared hostile. Accordingly, the lower Court records were summoned.

(3.) Mr. Panjwani, the learned counsel for the petitioner has drawn my attention to the statement of both the eye witnesses mentioned hereinabove and has contended that both the said witnesses havenot supported the case of the prosecution in their examination-in-chief and assuch the petitioner should be released on bail. Mr. A.K. Singh the learned counsel for the State, however, submitted that PW-I Pawan Kumar in his crossexamination has supported the case of the prosecution.