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4. Mr. Shinde, the learned Public Prosecutor for C.B.I. has submitted that amongst other sections the Applicant is also charged for committing an offence punishable under section 120 B of the IPC. The learned P.P. has submitted that the material on record prima facie reveals that the Applicant was a sub inspector at Singarayakonda Police station in Prakashm District of Andhra Pradesh had visited the C.R.P.F. Center in vehicle No.AP10 J 7019 and had met other accused S.P. Rajkumar Pandian, Parmar and Dabi, police officers from State of Gujarat and Rajasthan who were involved in eliminating Sohrabuddin Sheikh and his wife Kausarbi and Tulsiram Prajapati. The learned Public Prosecutor has further submitted that the statement of Jaswinder Singh vis-a-vis the extract of gate register prima facie indicates that on 21.11.2005 the Applicant had visited CRPF center and had met the co-accused S. P. Raj Kumar Pandian, Parmar and Dabi.

vii) If two views are possible and one of them gives rise to suspicion only, as distinguished from grave suspicion, the trial Judge will be empowered to discharge the accused and at this revn_335_2015 stage, he is not to see whether the trial will end in conviction or acquittal."

7. In the instant case, the case of the prosecution is that some police officers from Gujarat and Rajasthan had entered into a criminal conspiracy to nab and kill one Soharabuddin. It is alleged that during the intervening night of 22.11.2005 and 23.11.2005 said Sohrabuddin was taken to Gujarat. In pursuance of the conspiracy some police officers from Gujarat went to Hyderabad to nab said Sohrabuddin.

Said police officers from Gujarat with the aid of the present Applicant and others intercepted a luxury bus at Zahirabad and forced Sohrabuddin, his wife Kausarbi and one Tulsiram Prajapati to alight.

They were taken into custody and subsequently Sohrabuddin was eliminated in a fake encounter. Kausarbi was also eliminated and subsequently about a year later Tulsiram Prajapati was also eliminated in a fake encounter at Banaskhantha District. The Applicant herein is alleged to be one of the conspirators. The charge against the Applicant is mainly based on the statement of PW 87- Jaswinder Singh, who at the relevant time was posted at CRPF Group center, Hyderabad and PW 106 Driver, Anti Terrorist Squad, Ahmedabad. The statement of PW87-Jaswinder Singh reveals that in November, 2005 he was on the duty of guard commander at Gate No.3. On 21.11.2005 he and two revn_335_2015 constables B.K. Reddy and Niranjan Kumar were on duty at Gate No.3.