K.S.KUMARAN,J - (1.)THE allegation against the petitioner Devinder son of Rampat is that he along with the co-accused attacked Nand Lal and others. According to the State on 8.9.1998 at 10 p.m. while Nand Lal and others were sitting in front of their house, petitioner Devinder fired a shot from his rifle hitting on the right side of the back of Nand Lal. Phool Singh the co- accused is also stated to have fired from his rifle which hit on the armpit of Nand Lal. Nand Lal who was taken to the Hospital died.
(2.)THE petitioner's application for bail was dismissed by the Additional Sessions Judge, Rewari, that is why the petitioner has approached this Court under Section 439 Cr.P.C. for bail.
I have heard the counsel for both the sides and perused the records on file.

(3.)THE learned counsel for the petitioner contendes that Phool Singh, the co- accused who also allegedly used a fire arm has been granted bail by this Court. But, the copy of the order (Annexure P-1) granting bail to Phool Singh, shows that the Gun that was allegedly used by Phool Singh had been deposited in the Police Station long prior to the date of the alleged occurrence. Therefore, it was contended that he could not have used the said fire arm for the commission of the offence. But that is not the case with the petitioner.