R. S. Sodhi ( 1 ) HEARD learned Counsel for the parties. It is argued by the Counsel for the petitioner that the petitioner has been in jail since 31st July, 1997 and that throughout investigation he was not taken into custody. He submits that at the highest this is a case of mistaken identity and that firing was resorted to after they suspected that a bullet had been fired from the car which in fact resulted in injuring one of the policemen. He further submits that looking at the circumstances of the case the person sought to be arrested was a dreaded terrorist who had no quams of using weapons. In the given circumstances he submits that the desire was only to perform duty without exterior motive. He further submits that 12 witnesses have been given up, 44 have been examined, only formal witnesses remain. The trial will, in no way, be affected if the petitioner is enlarged on bail. ( 2 ) THE learned Counsel for the State submits that this is a case of unprovoked brutal firing with an intention to kill. He further points out that under Section 301 if the person not intended to be killed was killed it would amount to murder. He further submits that the conduct of the petitioner as also the co-accused is bad enough, to be gauged from the fact that a weapon was planted in the car. ( 3 ) HAVING heard learned Counsel at length and having given careful thought to the material before me. I am of the opinion that no useful purpose would be served in continuing the incarceration of the petitioner. The outcome of the trial is not likely to suffer and there is no apprehension that any evidence will be tampered with. Nor is there any ground to infer that the petitioner will jump bail or delay the proceedings. Therefore, I admit the petitioner to bail on his furnishing a personal bond in the sum of Rs. 50,000. 00 (fifty thousand) with two sureties in the like amount to the satisfaction of the Trial Court which may also impose any terms and conditions fit and proper in the circumstances of the case. The petition/application stands disposed of. Petition disposed of.