Code of Criminal Procedure, 1973–Sec. 439–Penal Code, 1860–Secs. 302, 302/149, 341 & 427–Bail application–Incident occurred on a public road but there was a delay of 27 hours in lodging the FIR–Perusal of statements of independent witness shows that he alone was present at the spot and the informant and his mother were not present there–If the defence argument is considered that the informant and his mother were not present at the spot, then there remains nothing against the petitioners as a piece of incriminating material–Petitioner M was arrested after two years–A weapon was alleged be recovered from the same place where the incident took place two years ago–Petitioners are behind bars since last two years and only nine witnesses have been examined out of total forty-two witnesses–Bail granted subject to certain conditions.
