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Judgment
M.M. Kumar, J.—This order shall dispose of two Criminal Misc. petition Nos. 11710 and 10658-M of 2003.
In both the petitions filed u/s 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 to extrajudicial confessions of Hitesh, Raj Rup and Kuldip petitioners. The other extra judicial confession is made by Kamla before one Satbir Singh.
On 19.9.2003, 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.
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.
Learned State counsel as well as the learned counsel for the complainant have urged that the case is now posted for 14.11.2003 and once the evidence of Maha Singh, the person before extrajudicial confession has been made by Kuldip Singh, Raj Rup and Hitesh is recorded then the petitioners can be granted bail.
After hearing the learned counsel for the parties and without expressing any opinion on the merits of the controversy raised, I deem it appropriate to grant bail to the petitioners as they are in custody since 4.2.2002 and trial is likely to take sometime. Moreover, Hitesh co-accused has been granted bail by this Court.
Accordingly, these petitions are allowed and petitioners are allowed bail to the satisfaction of trial Court.