KIRAN ANAND LALL, J. - (1.) THE fact that petitioner had misused the concession of bail and he was declared a proclaimed offender, found place in order dated 1.12.2004, on the basis of what was stated before the Court, at that time. However, now, it is conceded case of both sides that the petitioner was, infact, declared a proclaimed offender, at the stage of investigation only.
(2.) IN so far as the merits of the case are concerned, it is not disputed that it was a case of blind murder. The petitioner was not named in the FIR. Police had, infact, submitted a cancellation report which was, however, not accepted by the Court and as such the trial was started. The petitioner is in custody for the last more than 4 years. Learned Assistant Advocate General does not dispute that Harbhan Singh PW before whom the petitioner is alleged to have made extra-judicial confession, has not supported the prosecution, during trial.
(3.) WITHOUT commenting on the merits of the case, bail is allowed to the petitioner to the satisfaction of the concerned Chief Judicial Magistrate/Duty Magistrate. Petition allowed.;