KAFIL AHMED KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is Crl. Misc. No. 24637-M of 1998 filed by Kafil Ahmed Khan whereby he is claiming bail in case FIR No. 100 dated 11.2.96 under section 302 Indian Penal Code registered at P.S. Division No. 3 Ludhiana.

(2.) ACCORDING to the prosecution Kafil Ahmed Khan was on guard duty in the State Bank of India, Chaura Bazar Branch, Ludhiana on 11.12.96 and on that day, Anil Kumar Sodhi came to the Bank in connection with some business. At about 1.30 PM when Anil Kumar Sodhi started coming out of the gate of the bank, the ITBP Sentry who is wearing the name plate K.A. Khan written on it told Anil Kumar that he wanted to search his bag. Anil Kumar replied "why are you conducting the search of persons when they leave the bank". Sentry told Anil Kumar that he would show him how he dared not allowing K.A. Khan to search his bag and the Sentry fired a shot at Anil Kumar from his carbine and the bullets hit chest and stomach of Anil Kumar and Anil Kumar fell on the ground. There was utter confusion and chaos all ground. Tilak Raj Malhotra and Vikas Sharma witnessed this occurrence. Bank employees took Anil Kumar to the hospital for treatment. Anil Kumar succumbed to his injuries in CMC Hospital, Ludhiana. Matter was reported to the Police by Tilak Raj Malhotra.

(3.) TRIAL is proceeding. A number of witnesses have been examined. It is not proper to weigh evidence lest it should prejudice the trial. Merits of the petitioner's plea for bail cannot be gone into.