(1.) CRL.M.No.25233 of 2012 Application is allowed subject to all just exceptions. CRL.M.No.M-12428 of 2012
(2.) THE present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.44, dated 21.6.2011, under Sections 302, 307, 323, 447, 448, 511, 148, 149, 427 IPC and Section 25 of the Arms Act, but subsequently charge-sheeted under Sections 302, 307, 323, 148, 149 IPC and Section 30 of the Arms Act, registered at Police Station Sadar Sunam, District Sangrur.
(3.) HOWEVER, it came during investigation that 12 bore double barrel gun belonging to present petitioner was used in this crime and hence, he was charged for offence under Section 30 of the Arms Act besides for offences under Sections 148/ 302/307/323 read with Section 149 IPC. Hence, his case cannot be said to be similar to co-accused. Case is still at the stage of evidence and witnesses are yet to be examined. Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner- Darbara Singh for grant of regular bail is, hereby, dismissed being devoid of any merit, at this stage.