Alok Singh, J. - (1.) THIS is the petition under Section 439 Code of Criminal Procedure seeking regular bail in case FIR No. 61 dated 28.7.2009 under Sections 302/34/120B IPC read with Section 25 of the Arms Act and 16(1) of Unlawful Activities (Prevention) Act, P.S. Sadar Mansa.
(2.) LEARNED Counsel for the Petitioners has vehemently argued that earlier the Petitioners were named in the FIR dated 28.7.2009. However, the complainant has made supplementary statement on 3.8.2009 saying that out of confusion the Crl. Misc. No. M -36033 of 2010 -2 Petitioners were named in the FIR and the Petitioners are not involved in the case and other set of accused are involved in the case. Learned Counsel for the Petitioners has further argued that during the trial once again, the complainant has stated on oath that in fact second set of accused are not involved, rather the Petitioners are involved in the murder of the deceased. Hence, the Petitioners surrendered before the Court and since then they are in judicial custody. Mr.N.K. Sanghi, AAG, Punjab on the instructions of Mr. Harpal Singh SI, who is present in person in the court, has stated that during the investigation, the Petitioners were not found involved in the present case.
(3.) IN view of the statement made by learned Addl. Advocate General, Punjab, on the instructions of investigating officer, the present petition is allowed.;