NAYYAR ALAM KHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an application under Section 389 Cr. P.C praying for suspension of sentence of the appellant no.2 - Mohd. Mustafa who has been convicted and sentenced to undergo RI for life in case FIR no. 42 dated 9.4.2005 registered under Sections 148, 149, 323, 324, 325, 307, 302, 188, 212 IPC and Section 25 of Arms Act at Police Station, Ferozepur Jhirka.

(2.) Apart from pleading parity with the case of one Nayyar Alam Khan who has already been granted concession of bail, it has been contended that the facts did not establish any specific role of the applicant, even though the prosecution on the basis of supporting witnesses have attributed fire arm injuries to the applicant. It was further contended that the applicant was initially found innocent by the police but summoned under Section 319 Cr.P.C during trial. The applicant remained on bail throughout the trial without any allegations of abuse of such a concession. It is thus contended that keeping in view the aforesaid facts, applicant would deserve the concession of bail.

(3.) Prayer is opposed by the learned State counsel as well as complainant who have pointed out that the applicant is one of the prime accused who had caused the death of Arshad.