ASHOK @ KALI AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners Ashok alias Kali and Devender have filed the present petition under Section 439 of the Code of Criminal Procedure for granting bail in case FIR No. 428 dated 4.9.2001, under Sections 392, 397, 219, 225 IPC and 25 of Arms Act, Police Station City Hansi.

(2.) Counsel for the petitioners states that the complainant as well as the eye-witness of the occurrence, namely Rajinder Parsad and Rajesh have been examined before the trial Court and their statements have been annexed with the petition as Annexure P-1 (collectively). According to the statements of these witnesses, they have not identified the accused - petitioners. Counsel further states that both the petitioners were tried by Sub Divisional Judicial Magistrate, Meham for the alleged recovery of car and gold ornaments and they have been acquitted in the said case vide judgment dated 14.3.2002. Copy of the judgment has also been placed on record. Counsel for the respondent - State could not controvert the aforesaid submissions made by counsel for the petitioners.

(3.) Keeping in view the aforesaid facts, I am of the opinion at the petitioners should not be kept in custody any more. Thus, they are directed to be released on bail to the satisfaction of Chief Judicial Magistrate, Hissar.