M.M.S. BEDI - (1.) PETITIONER seeks the concession of regular bail in a case registered at the instance of Maninder Singh, who has now been examined as PW.2, alleging that on 26.12.2010, his brother Jatinder Singh had been beaten and murdered by non-petitioner Dodi who had inflicted a knife injury and Kali who has been attributed a kirpan injury on the person of deceased. The said two main accused were allegedly accompanied by Satin, Kabal Singh, Raju, Gulshan, Aman and the present petitioner.
(2.) COUNSEL for the petitioner submits that Dodi had been attributed specific knife blow under the arms of deceased Jatinder whereas non-applicant Kali has been attributed an injury on the person of the complainant. There were two injuries as per the MLR on the person of the deceased and none of these injuries is attributed to the present petitioner. Heard. First application of the petitioner was dismissed on 28.11.2011 giving a liberty to the petitioner to file second petition in case the complainant was not examined within a period of three months. The complainant has now been examined. His statement as PW.2 has been made part of the record. A perusal of said statement indicates that he has not attributed any injury to the petitioner on the person of the deceased. The liability of the petitioner with the aid of Section 149 IPC, is an arguable preposition on account of no specific overt act having been attributed to him. Since the complainant and other material witnesses have been examined, chance of tampering with the evidence by the petitioner is remote. The petitioner has been in custody w.e.f., 26.12.2010.
(3.) IN view of said circumstances, the petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds to the satisfaction of the trial Court subject to an additional condition that he will not commit the similar offence of which he is accused of and will not, in any manner, make an attempt to tamper with the evidence.;