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Tuesday, July 20, 2010

Criminal Procedure Code, 1973, S.439(1)

2010(2) LAW HERALD (P&H) 978
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Gurdev Singh
Crl. Misc. No. M-36803 of 2009
Bijender @ Kaka
v.
State of Haryana
{Decided on 04/03/2010}
For the Petitioner(In Crl. Misc. No. M- 36803 of 2009): The Mr. Sukhdeep Parmar, Advocate
For the Petitioner (in Crl. Misc. No. M-1357 of 2010): Mr. Rajesh Bansal, Advocate.
For the Respondent: Mr.Paramjit Batta, Addl. Advocate General, Haryana.
Criminal Procedure Code, 1973, S.439(1)--Indian Penal Code, 1860, S.307, 342, 365, 392, 397 and 120-B--Bail--Attempt to murder--Petitioners could not be arrested during investigation and declared proclaimed offender--Other accused tried by court were acquitted as complainant and her husband turned volte-face and resiled from their previous statement--Prosecution relying upon same evidence against petitioner--Nothing to show that they had knowledge of registration of FIR against them--Petitioners released on bail. (Para 5, 6 & 7)