BASHIR AHMAD Versus STATE

ORDER

Allegation against the petitioners is that they committed highway robbery as a result whereof case F.I.R. No.198, dated 24-7-1993, was registered at Police Station City Depalpur, at the instance of Haji Ashiq Hussain. Petitioners were arrested and after usual investigation have been challaned to Court. Petitioners applied for grant of bail to the lower Court but the same was declined. Hence this petition.

2. I have heard learned counsel for the petitioners as well as for the State and also perused the record.

3. The only ground pressed into service for the grant of bail on behalf of petitioners is that all the eye-witnesses, namely, Ashiq Hussain, Liaquat Ali and Mustafa have sworn affidavits to the effect that they did not identify the real culprits who committed highway robbery and have thus absolved the petitioners herein. These witnesses are present in Court and have been' identified by the Inspector of Police.

4. In these circumstances, this petition for grant of bail is allowed. The petitioners shall be released subject to their furnishing bail bonds in the sum of E Rs.10,000 with one surety in the like amount each to the satisfaction of trial Court. .

N.H.Q./B-104/L Bail granted.