Jasvir Singh vs State of Punjab

Naresh Kumar Sanghi, J.—Prayer in this petition is for grant of regular bail to petitioner-Jasvir Singh @ Chhaju who has been booked for having committed the offences under Sections 148, 302 and 341 read with Section 149, IPC in a case arising out of FIR No. 87 dated 26.11.2011, registered at Police Station, Boha, District Mansa. Learned counsel contends that the alleged occurrence had taken place on 25.11.2011 while the matter was reported to the police on 26.11.2011 by father of the deceased. He further submits that in spite of delay of one day in reporting the matter to the police, the name of the petitioner did not figure in the FIR. He also submits that the said fact gets importance since the petitioner as well as the complainant belong to the same village. He also contends that after about 16 days, i.e. on 11.12.2011, supplementary statement of the complainant was recorded in which the petitioner was named but no specific injury was attributed to him. He also contends that the petitioner is behind the bars for the last approximately one year and in spite of numerous opportunities, the prosecution witnesses are not appearing for getting their statements recorded.

On the other hand, learned counsel for the State as well as learned counsel for the complainant have opposed the grant of bail to the petitioner.

Heard.

The FIR was registered on 26.11.2011 by the father of the deceased who claimed himself to be an eye-witness of the occurrence. The petitioner belongs to the same village of the complainant but his name did not figure in the FIR. The supplementary statement of the complainant was recorded on 11.12.2011 and in that statement though the name of the petitioner did figure but no specific role has been assigned to him. In spite of numerous opportunities, the prosecution witnesses are not coming forward for making their deposition. Keeping in view the totality of the circumstances of the case, the present petition is allowed. Petitioner-Jasvir Singh @ Chhaju, s/o Gurjant Singh, r/o Village Hakamwala, PS Boha, District Mansa, is ordered to be released on bail, during the pendency of the trial, subject to his furnishing bail bonds to the satisfaction of learned trial court at Mansa.