MOHAMMAD AJMAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an application, under Section 439 Code of Criminal Procedure for releasing the Petitioner on bail in FIR No. 37/11 dated 28.4.2011, under Sections 307, 147, 149, 323 IPC and Sections 25, 54, 59 of Indian Arms Act, registered at Police Station, Barotiwala. The status report filed and the same has been perused.

(2.) IT has been stated in the application that Petitioner is innocent and has been falsely implicated in the case. There is no legal evidence connecting the Petitioner with the commission of offence. The continuous custody of the Petitioner is not necessary. The Petitioner is the sole bread winner of the family and his wife has recently delivered a baby. The Petitioner had earlier filed bail application, which was rejected on 2.8.2011 by the learned Addl Sessions Judge, Fast Track Court, Solan. The prayer has been made for releasing the Petitioner on bail.

(3.) I have heard both the sides and perused the police file. The injured was thrown from the roof of the house on 28.4.2011. The Petitioner has participated in throwing the injured from the roof of the house. The co -accused had fired from illegal fire arms. The recovery of fire arms and ammunition has been made by the police. The learned Additional Sessions Judge in the order dated 2.8.2011 has recorded the observation that Petitioner is involved in many cases. In view of gravity of offence and the manner with which it has been committed, the Petitioner is not entitled to bail. Resultantly, the application is dismissed.