NAFISH ALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER -Nafish Ali son of Barkat Ali, has directed the instant petition for the grant of regular bail, in a case registered against him along with his other co-accused, namely, Jafar and Ghansi Ram, by virtue of FIR No.258 dated 02.11.2012, for the commission of an offence punishable under Section 5 of the Explosive Act, 1908, by the police of Police Station Bhupani, District Faridabad, invoking the provisions of Section 439 Cr.P.C.

(2.) NOTICE of the petition was issued to the State.

(3.) THE prosecution claimed that, petitioner-Nafish Ali and his other co-accused were preparing the crackers during the festive season after the expiry of period of renewal of license. No other overt-act or role is attributed to the present petitioner. Admittedly, he(petitioner) is an employee of Jafar, who was holding a valid license to manufacture the crackers at his premises. It is not a matter of dispute that, during the course of investigation, the police found Jafar and Ghansi Ram, co- accused of the petitioner, as innocent and they were not challaned to face the trial. Once, Jafar, owner of the premises, where crackers were manufactured, was found innocent, then the question of involvement of the petitioner(who is his employee) in the indicated case, would be a moot point to be decided during the course of trial by the trial Court.