MEHTAB Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED -Mehta has filed this petition under Section 439 of the Code of Criminal Procedure (in short, Cr.P.C.) for bail in case FIR No.470 dated 11.08.2012 registered under Section 302 read with Section 34 IPC at Police Station City Jind, District Jind.

(2.) THE deceased had received last telephone call from mobile telephone of petitioner's co-accused Sanjay. Tower location of mobile telephone call of Sanjay as well as that of petitioner-Mehtab was found to be in the same area where the occurrence had taken place. Sanjay was arrested. He disclosed that he along with petitioner had murdered Anil because Anil had illicit relationship with wife of Sanjay. Consequently petitioner-Mehtab was also arrested and he also made similar disclosure statement to the police. All these facts have been mentioned as stated by learned State counsel on instructions from ASI Azad Singh. Counsel for the petitioner contended that the main accused is Sanjay who has been named by complainant Ishwer Singh while appearing as witness in the trial Court whereas petitioner has not even been named by Ishwer Singh.