Kulwant Singh and Another vs State of Punjab

Rajan Gupta, J.—This is a petition u/s 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioners vide FIR No. 122 dated 14.12.2008 under Sections 302/427/120-B/148/149 IPC at police station Dhanaula.

Learned Counsel for the petitioners submits that he may be allowed to withdraw this petition in respect of petitioner No. 1- Kulwant Singh, at this stage.

Dismissed as withdrawn qua petitioner No. 1- Kulwant Singh.

As regards petitioner No. 2- Maghar Singh, learned Counsel for the petitioner submits that he has been attributed only a lalkara in the whole occurrence. This apart, petitioner has been in custody since 15.1.2009 and trial may still take some time to conclude, thus, no useful purpose would be served by detaining the petitioner in custody during the pendency of the trial.

Learned State counsel has opposed the prayer for bail on the ground that allegations against the petitioner are serious in nature. He, however, does not dispute the fact that similarly placed co-accused Binder Singh has been granted the concession of bail by this Court vide order dated 22.2.2010(Annexure P-1) passed in Crl. Misc. No. M-25376 of 2009.

Keeping in view the aforesaid contentions, period of incarceration undergone by petitioner No. 2- Maghar Singh, I am of the considered view that no useful purpose would be served by detaining the petitioner in custody any longer. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to petitioner No. 2. Accordingly, the petition is allowed and petitioner No. 2-Maghar Singh is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Sangrur.