HUKUM SINGH ALIAS HUKMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of bail application filed under Section 439 of Cr. P. C. by shri Anurag Sharma Advocate on behalf of the applicant Hukum Singh @ Hukma pertaining to f. I. R. No. 153/2008 at police station Kumher, district Bharatpur, in the offence under Section 302, 201 and 34 of IPC.

(2.) HEARD the learned counsel for the petitioner and learned Public Prosecutor appearing for the State and perused the material on record.

(3.) LEARNED counsel for the petitioner has canvassed that the statements of 13 prosecution witnesses have been recorded by the learned trial court. All the witnesses of last scene evidence have not supported the prosecution case and they have turned hostile. Even the statement of PW-7 sushil does not support the prosecution nor fastens the petitioner. Though, he has stated that the petitioner Hukum Singh also had come on motor-cycle on the spot but no identification parade was conducted by the police during investigation. Learned counsel further contended that co-accused Jasveer of this case, has already been enlarged on bail by the co-ordinate Bench and the case of the petitioner is similar to that of the co-accused, hence, on the ground of parity, he may also be granted indulgence of bail.