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Judgment
V. Jagannathan, J.—Heard the Petitioner''s counsel and the learned Government Pleader for the Respondent-State in respect of the bail sought in this petition.
The allegations made are that, all the accused persons assaulted deceased Imran Khan with deadly weapons and on account of the injuries sustained, he succumbed to the same. Previous enmity between the deceased and the accused persons is said to be the reason for the incident, which occurred on 18.3.2008.
The submission of the Petitioner''s counsel is that this Court had granted bail to the other accused persons in Crl.P. No. 2163/2009 and the allegations against this Petitioner are also the same as the one which were made against the other accused persons, who are given bail by this Court earlier. Therefore, the Petitioner also be granted bail on the same footing.
Having thus heard the Petitioner''s counsel and also the learned Government Pleader for the State and this Court having granted bail earlier to the other accused persons, who were also placed in similar position like the present Petitioner so far as the assault on the head of the deceased with iron rod is concerned and the death is said to have been caused due to head injury, when the other likely persons are granted bail in respect of the very same overt acts alleged against them as are alleged now against this Petitioner, in my view, this Petitioner also can be granted bail on the same footing and on the same conditions.
In the result, the petition is allowed and the Petitioner is enlarged on bail subject to the following conditions:
i) The Petitioner shall execute personal bond for Rs. 25,000/- with one surety for the like sum to the satisfaction of the court.
ii) The Petitioner shall not tamper with the prosecution witnesses or the material evidence.
iii) The Petitioner shall appear before the court regularly.
iv) The Petitioner shall mark his attendance once in 15 days in the jurisdictional police station between 10.00 a.m. and 2.00 p.m. preferably on Sunday.
v) In case if there is any other crime committed by the Petitioner and the conditions of bail are violated, the prosecution is at liberty to seek for cancellation of bail.