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Sita Ram Vs. Balbir @ Bali [24/10/13]

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[Criminal Appeal No. 1834 of 2013 arising out of S.L.P. (CRL.) No.2525 of 2013]. The Appellant, who is the informant in FIR No.141 dated 6.5.2011 at Police Station, Kalanaur, District Rohtak, for offences punishable under Sections 109, 114, 148, 302, 307, 323 and 325 IPC read with Section 149 IPC and Section 25 of the Arms Act, assails the impugned Order dated 11.2.2013 passed by the High Court of Punjab & Haryana granting bail to Respondent no.1, namely, Balbir @ Bali. The learned Single Judge has been impressed by the fact that the injuries on deceased Vishnu (Brother-in-law of the Appellant/Informant), as mentioned in the FSL Report, had been caused by a high speed bullet projectile fired most probably from a .315 bore standard rifle which, according to the version in the FIR, was not the weapon carried by Balbir/Respondent no.1. The learned Judge has also noted that the six witnesses examined under Section 161, Cr.P.C. have not specifically stated that the Respondent no.1 was holding a firearm. However, what emerges from their statements is that on an indication given by Balbir/Respondent no.1, Vishnu was fatally fired upon. The factum of Respondent no.1 having been incarcerated at that time for one year and seven and a half months also appears to have weighed on the learned Single Judge.

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