CHANDRAPAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) CASE Diary is perused.

(2.) LEARNED counsel for the rival parties are heard.

(3.) CONSIDERING the fact that the applicant is in custody since 20/04/2011 and the statements of four eye witnesses recorded during trial disclose that the first eye witness Vijay Singh Chauhan (PW/1) who is father of the deceased has though deposed against the applicant but the remaining three witnesses Jagveer Singh Chauhan (PW/2), Sanjay Singh Bhadoriya (PW/3) & Vikky Chhari (PW/4) have disbelieved the story of the prosecution and therefore, the statement of Vijay Singh Chauhan (PW/1) (father of deceased) remains uncorroborated and since the said witness Vijay Singh Chauhan is an interested witness being father of deceased, his statement ought to be viewed with great care and caution and therefore, on an over all view of the evidence which is collected on record till date, this court without commenting upon the merits of the case is of the considered view that the applicant is entitled to the benefit of bail.