ARVIND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner seeks grant of regular bail in case First Information Report No. 188 dated Sept. 29, 2002, under Sections 302/34 of the Indian Penal Code and 25/54/59 of the Arms Act, registered at Police Station Ganaur, District Sonepat.

(2.) Counsel for the petitioner contends that, during investigation, the petitioner was found innocent by the police and, therefore, his name was placed in Column No. 2 of the challan. During the trial, the petitioner was summoned under Sec. 319 of the Code of Criminal Procedure and arrested. Counsel for the petitioner further contends that the only role attributed to the petitioner is that he, along with Pardeep and Savitri (co-accused) encircled Anil (deceased) enabling Sanjay (another co-accused) to shoot at him (Anil). It is further contended that Pardeep has already been released on regular bail by this Court vide order dated July 03, 2003 passed in Criminal Miscellaneous No. 12069-M of 2003, whereas Savitri was extended the concession of anticipatory bail, pursuant to order dated Feb. 06, 2003, passed by this Court in Criminal Miscellaneous No. 54132-M of 2002.

(3.) Counsel for the respondent states that even if the petitioner's role is similar to that of co-accused Pardeep and Savitri, he should not be released on bail as he has merely been behind bars for a period of about one month only.