Code of Criminal Procedure, 1973–Sec. 439–[Corresponding Sec. 483 of BNSS, 2023]–Penal Code, 1860–Secs. 302, 307, 323, 341 & 143–Grant of bail by the High Court with the observation that the case of respondent-accused have parity with other co-accused, already enlarged on bail–Further observation that there is nothing on record to show their participation in the act of firing–Justification–Aspect as regard to availability of material in regard to involving and hatching the conspiracy shall be considered by conducting a full fledged trial–Contention of respondents that it was a case of sudden fight also cannot be accepted as the allegation is that they hired a contract killer–Accused already enlarged on bail is an old and infirm person of 84 years age, therefore, it is not a case of parity–Accused-respondent remained obsconding and surrendered before the Trial Court after rejecting the bail application–Contract killer V is having criminal antencedents and is a history-sheeter–Apprehension of the complainant that the respondent-accused, if released on bail, may pressurise the witnesses, is justified–Impugned order is liable to set aside.
