- (1.) HEARD Sri S.C. Maheshwari, learned Senior Advocate, appearing on behalf of the appellant, learned Additional Government Advocate and perused the record.
(2.) THIS is third bail application of Vikas @ Vikas Agarwal under Section 389 Cr.P.C. for suspending the sentence including sentence of fine. The appellant has prayed that he be enlarged on bail during the pendency of appeal.
(3.) AN affidavit has been filed in support of the third bail application of the appellant by his father assailing the judgement and order passed against him. The father of the appellant in his affidavit alleged that conviction of the appellant is based on the solitary statement of Smt. Meera Garg -P.W. -4, the mother of the deceased, who was admittedly present in the house at the time of alleged quarrel. On hearing the shouts of quarrel she came out of the house and saw the appellant firing at the deceased with his licensed pistol. Her presence is highly doubtful. It has also been alleged in the accompanying affidavit that other witnesses of incident P.W.1 and P.W.3 have not supported the prosecution case. It has also been alleged in the accompanying affidavit that the F.I.R. of the incident is ante dated and ante timed. The affidavit also mentions that an empty cartridge of .32 bore was recovered from the spot whereas the allegations are that pistol has been used by the appellant and the Ballistic export mentioned that the empty cartridge was not fired from the pistol of the appellant. In the circumstances, sentence including sentence of fine may be suspended. It has been prayed on behalf of the appellant that he be enlarged to bail during the pendency of appeal. Shri S.C. Maheshwari, Senior Advocate, argued at length and cited a decision of Hon'ble the Apex Court in the case of Puran Singh v. State of Uttaranchal, 2008 3 SCC 795, in which , Hon'ble the Apex Court, in paras 21 and 25 has held as under : "21. Seizure memo was prepared on the same day which reads thus : "Today on date 4 -8 -1979 in presence of (1) Shri Pratap Singh, Pradhan, Village Panchayat, Akhori, (2) Shri Bachan Singh s/o Ram Singh, (3) Shri Bhopal Singh s/o Tilak Singh, Village Akhori, Circle Barab in Case No.4 of 1979 State through Pratap Singh, Pradhan, Gram Panchayat, Akhori versus accused Puran Singh s/o Bhag Chand, Village Akhori, under Section 302 IPC and 25/27 Arms Act , the licensed gun of the accused called and ammunition was also called. Then the accused Puran Singh handed over to police his single barrelled gun, bullet 12 bore No.1319/V -1970, Licence No.697/ML4/34 -V, booklet, two empty cartridges on which KF -12 Special 12 is written made in India by ordnance factories and it was seized by police. The accused was asked to hand over other ammunition. The availability of which the accused denied. When the gun was open it was not loaded with cartridges. The above recovered article was put in separate sack/packet and sealed. The memo was prepared in presence of witness and their sign was taken.";