JAI KUMAR ALIAS BICHHA Vs. STATE

JUDGEMENT

(1.) This is a petition for release of the petitioner on bail under Section 439 of Code of Criminal Procedure.

(2.) Before dealing with the contentions urged by the learned counsel for the petitioner, it may be pointed out here that the petitioner had earlier also filed a petition for release on bail bearing No.Crl.M(M)2543/92 and the said petition was rejected by my order dated 4th February, 1993. The learned counsel for the petitioner, however, submitted that as stated in the aforesaid order dated 4th February, 1993, even according to the prosecution it was on the instigation of co-accused Bishambar that the petitioner and certain other persons committed murder of Qutub Pyari and Chhuttan. The learned counsel farther drew if my attention to the order dated 28th October, 1992 passed by this court granting bail to co-accused Bishambar. The learned counsel, therefore, contended that when the earlier petition was decided on 4th February, 1993, the petitioner was not aware of the order dated 28th October, 1992 granting bail to the co-accused Bishambar. He submitted that since the bail has been granted to the main accused Bishambar, the petitioner should also be granted bail.

(3.) Mr. H.P. Sharma, the leanted counsel appearing on behalf of the State, however, submitted that the role assigned to the petitioner is quite different to that assigned to coaccused Bishambar. He submitted that the recovery of the weapon alleged to have been used in the crime was recovered at the instance of the petitioner.