NARINDER SINGH @ BABLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 102 dated 6.9.2009, under Sections 302, 148, 149 of the Indian Penal Code registered at Police Station Nathana.

(2.) Prosecution case, as per the FIR, as reproduced in para 1 of the petition, reads as under:-

(3.) Learned senior counsel for the petitioners has submitted that the petitioners were not named in the FIR. After the registration of FIR, statement of Davinder Singh, an alleged eye witness, was recorded and he also did not name the petitioners. It is only in the statement of Bhola Singh, which also refers only to the arrest of the petitioners, the names of the petitioners have allegedly figured during investigation. Learned senior counsel has further submitted that coaccused Atma Singh has been allowed anticipatory bail by this Court, whose name figured in the statement of eye witness Davinder Singh but no specific role was attributed to him.