JAIVEER @ POPPAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in these petitions is for grant of regular bail to the petitioners namely Jaiveer @ Poppan and Kuldeep Kamboj under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.76 dated 24.07.2017, for offence punishable under Sections 302 read with Section 34 of the of the Indian Penal Code, 1860 (in short 'IPC') registered at Police Station Buria, District Yamuna Nagar.

(2.) It is worth noticing here that this is the 2 nd petition filed by the petitioner - Jaiveer @ Poppan for grant of regular bail. The earlier petitioner seeking regular bail i.e. CRM-M No.32554 of 2018, was dismissed as withdrawn on 11.01.2019 whereas this is the 3 rd petition filed on behalf of the petitioner - Kuldeep Kamboj for grant of regular bail. The 1st petition i.e. CRM-M No.6118 of 2019, seeking regular to the petitioner - Kuldeep Kamboj was dismissed as withdrawn on 15.02.2019 and the 2nd petition i.e. CRM-M No.29020 of 2019 was also dismissed as withdrawn on 17.07.2019 with liberty to file the fresh bail application before the trial Court.

(3.) Counsel for the petitioners have argued that since the entire evidence has been concluded, the statement under Section 313 of the Code of Criminal Procedure (in short 'Cr.P.C.') is also recorded and in view of the changed circumstances that 03 of the prosecution witnesses i.e. PW8, PW9 and PW12 have not supported the prosecution version, a new ground is made out for filing the present petitions.