Mohd. YamIn Vs. State

the case examined the advance stage of trial wherein the accused charged under section 302/498-a of the indian penal code, who burnt his bride, was pleading bail - during the trial some witnesses resoled from the statements made to the police however, other witnesses was yet to be examined - it was held that the accused was not entitled to bail at this stage. - - they bad told the police that the petitioner was having strained relations with his wife, deceased parveen and that on the fateful night the deceased had told them that the petitioner had run away after setting her on fire. she stated that the deceased was married to the petitioner on 7-9-86 and after a very short time of 15 days the petitioner has started demanding articles like motor cycle and 50 sq.r.l. gupta, j.(1) petitioner has applied for grant of bail. he is facing trial in a case under sections 352/498 read with section 34 indian penal code in fir no. 480 of 1988 pertaining to p.s gokal puri. (2) i have heard arguments advanced by learned counsel for the parties. the main ground taken up on behalf of the petitioner is that the witnesses examined till now during trial have not supported the case of the prosecution and, thereforee, the petitioner was entitled to the grant of bail. i have gone through the statements of various witnesses. pws. manbir singh, shiv nandan, tidy a devi and raj rani gupta has stated before the police about. the complicity of the petitioner. they bad told the police that the petitioner was having strained relations with his wife, deceased parveen and that on the fateful night the deceased had told them that the petitioner had run away after setting her on fire. however, when examined in court, they resoled. pws km. shabnam, sister of the deceased, however, did support the case of the prosecution. she stated that the deceased was married to the petitioner on 7-9-86 and after a very short time of 15 days the petitioner has started demanding articles like motor cycle and 50 sq. yards plot. he was even married earlier. earlier also a case was initiated against the petitioner by her mother which ended in a compromise because the petitioner took oath of kuran sharif. the deceased was often beaten by the petitioner. on the night of occurrence, when she along with her maternal uncle aftab and other relations reached the matrimonial home, the deceased told them that the petitioner said that he would teach her a lesson of having made a report to the police and thereafter he poured kerosine oil upon her from the stove and set her on fire. (3) it may be noted that still more witnesses remain to be examined. thereforee, at this stage, it cannot be said that there is no evidence against the petitioner implicating him for the offence with which.....