SOMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed under Sec. 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.327 dtd. 1/7/2017 registered under Ss. 302, 307, 148, 149/34, 216 IPC and Sec. 25 of Arms Act -1959 at Police Station Kharkhoda, District Sonipat.

(2.) Learned counsel for the petitioner has argued that though the petitioner was named in the FIR yet neither any weapon has been recovered from his possession nor any recovery has been attributed to him.

(3.) Custody certificate dtd. 22/1/2019 by way of affidavit of Ram Chander, Deputy Superintendent, District Prison (Sonepat) Haryana has been filed on behalf of the respondent-State, the same is taken on record. Copy has been supplied to the opposite counsel. As per the custody certificate the petitioner has undergone custody for a period of more than 1 1/2 years. Learned DAG has accepted this assertion but has argued that in the incidence in question two people were killed and thereafter other party killed two people of the petitioner side and in case the petitioner is released on bail further reprisal killing cannot be ruled out.