Angrej Singh vs State of Punjab

Sat Pal, J.

Mr. Ghai, the learned Sr. Counsel appearing on behalf of the petitioner submits that the present case was registered on 16th October, 1991 and the charge was framed on 15th February, 1992, but the prosecution has failed to complete evidence till date. He further submits that even as per allegations made in the FIR, the petitioner is alleged to have inflicted only one blow with blunt side of the weapon and as such at the most a case under Section 304, Part II of the Indian Penal Code could be made. He also submits that the petitioner has already been in custody since 20th October, 1991. He, therefore, contends that the petitioner should be released on bail.

Mr. Garg, the learned AAG has drawn my attention to the order sheets of the learned trialcourt and submits that on every date some witnesses or the other are being examined.

From the order sheets, I, however, find that on certain dates the case had to be adjourned as no evidence was present. Keeping in view the aforesaid facts and particularly the fact that the petitioner has already been in custody for the last four years and the prosecution evidence has not yet been completed, I am of view that it is a fit case for grant of bail. Accordingly, I direct that the petitioner shall be released on bail on furnishing bail bond in the sum of Rs. 20,000/ with two sureties of the like amount to the satisfaction of the Chief Judicial Magistrate, Ferozepur. The observations given herein above shall not have any bearing on the merits of the case.