M.M.KUMAR, J. - (1.) THIS order shall dispose of two Criminal Misc. petition Nos. 11710 and 10658-M of 2003.
(2.) IN both the petitions filed under Section 439 Cr.P.C. the prayer made is for grant of regular bail to the petitioner in case FIR No. 9 dated 24.1.2002 P.S. Ganaur, Sonepat U/Ss 302, 201, 120-B IPC. The allegations against the petitioners are that Kamla has engaged the other co-accused to kill her own husband Amar Singh whose dead body was found in the fields. The prosecution case is based on two extra judicial confessions of Hitesh, Raj Rup and Kuldip petitioners. The other extra judicial confession is made by Kamla before one Satbir Singh. On 19.9.203, i.e. the last date of hearing, the case was adjourned to this date on the ground that the prosecution evidence is to be recorded on 17.10.2003. However, the prosecution evidence has not been recorded on that date for the reasons that the Presiding Officer was not available.
(3.) LEARNED counsel for the petitioners has argued that petitioners are in custody since 4.2.2002 and co-accused Hitesh has been granted bail by this Court in Crl. Misc. No. 50437-M of 2002 on 13.2.2003. They have also argued that the motive in the present case is weak.;