Hari Singh alias Mithu vs State of Punjab

Mehinder Singh Sullar, J.—Invoking the provisions of Section 439 Cr.PC, Petitioner Hari Singh alias Mithu son of Ajit Singh, has instituted the present petition for regular bail in a case registered against him alongwith his other co-accused, by virtue of FIR No. 147 dated 25.8.2009, on accusation of having committed the offences punishable under Sections 302, 109, 201, 120B and 506 read with Section 34 IPC and Section 25 of the Arms Act, by the police of Police Station Division ''B'' Amritsar.

Notice of the petition was issued to the State.

After hearing the learned Counsel for the parties, going through the record with their valuable assistance and after considering the matter deeply, to my mind, the present petition deserves to be accepted in this respect.

What is not disputed here is that no specific role or overt act is attributed to the Petitioner except lalkara. Moreover, the Petitioner was arrested on 21.1.2010 and since then he is in judicial custody. No useful purpose would be served to further detain him in jail. As even single witness has not yet been examined by the prosecution, therefore, the conclusion of trial will naturally take long time.

Therefore, taking into consideration the fact that no role is attributed to the Petitioner and the totality of other facts and circumstances, emanating from the record, as described here-in-above, to me, the present Petitioner is entitled to regular bail in the obtaining circumstances of the present case.

In the light of the aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the Petitioner is ordered to be released on bail on his furnishing bail and surety bonds to the satisfaction of trial Court.

The instant petition is disposed of accordingly.