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Judgment
Ajay Tewari, J. (Oral) - This is a petition for regular bail filed in case bearing FIR No.84 dated 23.08.2014, under sections 302/307/323/148/149 IPC, registered at Police Station Sadar Phagwara.
The case against the present petitioner is that friend of the complainant namely Rohit Sabharwal was murdered by one Rohit Sharma in a quarrel which was picked up in a restaurant. The role attributed to the present petitioner is that he along with his co-accused gave beating to the complainant with an intention to kill him and also gave him a knife blow and ran away from the scene of occurrence.
Learned counsel for the petitioner has argued that in this case actually there was a fight between the two boys, both of them stabbed each other and both of them died and the petitioner was not attributed any injury to any body but has been implicated only because he was present at the spot. He has been in custody since 25.08.2014. Learned Addl.AG, on instructions from ASI Pargat Singh, states that the petitioner was not attributed any specific act either to the deceased or to any other person but was accused of having raised a lalkara.
In the circumstances, without commenting anything on the merits of the case and keeping in view the period of custody, it would not be appropriate to deny bail to the petitioner. Let him be released on bail to the satisfaction of the trial Court.
Petition stands disposed of.
Since the main case has been decided, the Criminal Misc. Application, if any also stands disposed of.
