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Judgment
23 paragraphs · 308 wordsTEJINDER SINGH DHINDSA, J.(ORAL)
Petitioner seeks regular bail pending trial in case FIR No.15 dated 26.01.2017, under Sections 302/120-B IPC, registered at Police Station Nahianwala,
District Bathinda.
Counsel for the parties have been heard.
FIR came to be registered on the statement of Baljeet Singh in relation to an alleged occurrence dated 25.01.2017. Deceased is Lakhvir Singh i.e. son
of the complainant.
As per initial version of the complainant, Lakhvir Singh was done to death by Balwinder Singh @ Bittu who was armed with a kirch and Gurtej Singh
@ Mintu armed with an axe. Motive attributed is that 7/8 years prior to the occurrence Lakhvir Singh (since deceased) had inflicted injuries upon
Balwinder Singh and in which Lakhvir Singh was convicted and was now on bail.
Present petitioner has been implicated on the basis of a supplementary statement recorded of the complainant on 29.01.2017 and as per which the
present petitioner along with other certain other co-accused had consumed liquor together and had kept a watch on the whereabouts of deceased
Lakhvir Singh.
It has gone uncontroverted that even as per supplementary statement recorded of Baljeet Singh, no overt act/injury has been attributed to the present
petitioner on the person of the deceased.
Petitioner was arrested on 30.01.2017.
Investigation having been completed, challan was presented and even charges have been framed. Examination-in-chief of the complainant, namely,
Baljeet Singh (father of the deceased) already stands recorded.
Trial would take time to conclude.
Co-accused Gurdeep Singh and whose name also figured in the supplementary statement recorded of Baljeet Singh complainant has been granted
concession of bail vide order dated 21.02.2018 in CRM No.M-5809 of 2018.
Without making any observations on merits, petitioner is held entitled to the benefit of bail.
Petition is allowed. Petitioner be enlarged on bail subject to satisfaction of the trial Court/Duty Magistrate concerned.
Disposed of.