Criminal Procedure Code, 1973
Section 439—Bail—Murder case—FIR registered under Section 302/34 of IPC—Two eye-witnesses, as per case of prosecution, have already been examined and said witnesses have not supported the case of prosecution—It is not the case of prosecution that present applicant was on the spot along-with co-accused who had allegedly shot the deceased—Case of prosecution that the present applicant was the person who was responsible for taking care of the logistical requirements for the incident and further the scooty alleged to have been used was recovered at the instance of present applicant—So far as recovery of 04 live cartridges is concerned, it is stated that ballistic report in that regard is still awaited—Out of total 54 prosecution witnesses only 05 have been examined so far, including main eye-witnesses, who have not supported the case of prosecution—Nominal roll reflects that present applicant has undergone about 02 years 09 months and 16 days in custody—Present applicant is on bail in the previous pending case against him—Bail granted.
[Paras 7 & 8]