Suresh Kumar Alias Kala v. State Of Punjab
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) State counsel submits that it is a case of an eye-witness account. The complainant is a witness to the incident and has given specific attribution including firing shots at her husband. There can be no dispute of identity as the petitioner was the tenant and known to the complainant. It is contended that it is an act of day light murder in a brazen display of violence. State counsel, however, is not in a position to respond to the reasons for failure to record prosecution evidence. However, he vehemently contends that petitioner was specifically named in the FIR by deceased's wife who was the eye-witness to the incident.
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aking into consideration the arguments advanced by the parties and the evidence available on record. The recoveries effected and it being a case of a broad day light planned murder, no case for grant of regular bail to the petitioner is made out at this stage. However, this Court notices that there is no satisfactory explanation offered for the non-appearance of the prosecution witnesses despite 33 dates allegedly granted by the Court for examining the prosecution witnesses.
In view of above, while the present petition seeking grant of regular bail is dismissed, the Sessions Judge, Mansa, is directed to submit a report as regards the reasons for failure on the part of the prosecution to adduce any evidence and as to what effective steps have been taken by the respective Presiding Officers to ensure presence of the witnesses so that their testimonies are recorded.
1 Let the report be sent by the District and Sessions Judge, Mansa within a period of two months.
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