PARMINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is the second bail application filed under Section 439 of the Code of Criminal Procedure (for short, 'the Cr.P.C.') seeking regular bail in case FIR No. 397 dated 05.10.2016, registered under Section 307 read with Section 34 IPC and Section 25 of Arms Act at Police Station Murthal, District Sonepat.

(2.) The earlier bail application was dismissed as withdrawn on 01.03.2017.

(3.) It is contended that the challan stands presented. It is further contended that the trial is not progressing as the complainant has not been causing appearance before the trial Court as he is an accused in FIR under Section 302 IPC. He further refers to the zimny orders dated 30.03.2017, 04.03.2017 and 08.05.2017 to contend that none of the PWs has been appearing. It is asserted that the filing of the challan and non-appearance of the complainant before the trial Court are the fresh circumstances in favour of the petitioner.