Cr.Misc. NO. M 336 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO. M 336 of 2009 DATE OF DECISION 30.4.2009 Mandeep Singh ......PETITIONER VERSUS State of UT ......RESPONDENTS PRESENT: Mr. SS Rana, Advocate Mr. PK Khindria, Advocate for UT M.M.S.BEDI,J. The petitioner along with others is alleged to have caused the murder of Rajesh Goel. The co-accused of the petitioner had allegedly given a knife blow on the neck of Rajesh Goel, resulting in his death. Learned counsel for the petitioner submits that the role attributed to the petitioner is the same as that of his co-accused, who have been granted bail on the ground that the eye witness has turned hostile. Learned counsel for UT infoms that only four witnesses remain to be examined and that the role attributed to the petitioner is not the same as attributed to his co-accused. I have heard learned counsel for petitioner and considered the facts and circumstances of this case. No doubt the eye witness has turned hostile but it cannot be said at this stage that no part of the statement of the hostile witness is capable of being used on the basis of the other circumstances against the petitioner. As the main eye witness has already turned hostile, the probability of tampering with the evidence is not ruled out. Cr.Misc. NO. M 336 of 2009 2 I have considered the contention of the learned counsel for the petitioner that the case of the petitioner is at par with his co-accused but I do not find any force in the same as the petitioner has been attributed the main injury, as per the original version whereas the co-accused had allegedly caught hold or assaulted the deceased. No ground for granting the concession of bail is made out at this stage. Dismissed. Nothing said in the order will prejudice the right of the petitioner to seek acquittal on the basis of the evidence produced before the trial court. April 30 ,2009 ( M.M.S.BEDI ) TSM JUDGE