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Judgment
Alok Singh, J
This is the petition seeking regular bail in case FIR No. 56 dated 9.5.2010 under Sections 302, 148, 149 IPC read with Sections 25, 54, 59 of Arms Act, Police Station Division No. 2, Jalandhar.
Brief facts, inter alia, are that on 9.5.2010 complainant Pankaj and deceased Sahil were called in Burton park, Jalandhar to settle the earlier dispute between the parties. Present Petitioner Monty armed with kirpan, Rinka @ Paramdeep Singh armed with kirpan, Ajay Kumar armed with kirpan Pankaj armed with revolver, Surinder Pal @ Jony armed with baseball bat came from the side of the accused party to settle the dispute with complainant party. Present Petitioner raised lalkara and instigated Pankaj Kumar to kill Sahil. Thereafter, co-accused Pankaj fired a shot from his revolver on Sahil which hit Sahil on his chest due to which Sahil died.
Learned Counsel for the Petitioner has vehemently argued that role attributed to the Petitioner is that he has raised lalkara and instigated Pankaj to kill Sahil, however, no injury is attributed to the Petitioner.
From the material available on record, prima facie, it can be said that all the accused sharing common object forming unlawful assembly went to the park where Petitioner-accused has given lalkara and instigated Pankaj, who thereafter fired a shot at Sahil.
At this stage, learned Counsel for the Petitioner seeks permission to withdraw the petition.
Dismissed as withdrawn.