SHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner Sher Singh is seeking bail in F.I.R. No. 129 dated 9.6.1995 registered with Police Station, Sampla for the offence under Section 302 read with Sections 148 and 149 of the Indian Penal Code and at the moment is facing trial in the Court of Additional Sessions Judge (I), Rohtak.

(2.) IT is contended that the petitioner is innocent and has not participated in the commission of the alleged crime in which precious lives of two persons are lost because they died out of the injuries sustained by them in the occurrence. According to the prosecution the whole occurrence has originated from the Baithak of the petitioner when the petitioner and the other eight accused for common object participated in the occurrence.

(3.) THIS Court at the moment is not in a position to sift the evidence collected by the police during the investigation of the case. Such evidence is rebuttable during the trial of the case and at the moment prima facie it is to be believed. In the instant case, the petitioner has already been charged-sheeted by the trial Court along with his other co-accused and the case is fixed for recording of the prosecution evidence. The earlier bail application of the petitioner was rejected by this Court on March 7, 1996 for having been withdrawn by the petitioner. After that another bail application moved before the Additional Sessions Judge has also been rejected.