Mohinder Singh vs State of Punjab

K.S. Kumaran, J. (Oral)

Heard counsel both the sides.

The learned counsel for the petitioner contends that the petitioner was placed in column No. 2 that he was not even chargesheeted and, therefore, in view of the decision of Hon''ble Supreme Court in case Madan Lal v. State of Punjab, J.T. 1999(1) SC 432, the petitioner is entitled to be released on bail. The Hon''ble Supreme Court has, in similar circumstances where no chargesheet had been filed against the accused, held that the accused who had been kept in Column No. 2 cannot be kept in custody. But as against this, the learned counsel for the State and the complainant contend that on an application filed by the complainant, the Deputy Superintendent of Police reinvestigated the case and found him guilty. But, it has been conceded by both the learned counsel for the State and the complainant that no supplementary chargesheet has been filed as against the petitioner till today. The only contention raised by them is that the petitioner himself moved an application for discharge, and that application was dismissed by the Court. But, still the question is whether without filing a chargesheet against the petitioner, especially when his name is kept in Column No. 2 of the only chargesheet filed already, the petitioner can be kept in custody. Though it is stated by the learned counsel for the State and the complainant that two witnesses have been examined and those two witnesses have implicated the petitioner, still they concede that petitioner has not so far been summoned under Section 319 Cr.P.C. also.

In these circumstances, I am of the vies that the petitioner is not before the Court legally under a chargesheet. In such circumstances, where the petitioner''s name still figures in Column No. 2 of the chargesheet filed, the petitioner is entitled to be released on bail. However, my observation made herein should not be taken to mean any expression of any opinion on merits of the main case. It is open to the Sessions Court as well as the prosecution to take any appropriate action in accordance with law.

Therefore, this petition is allowed, the petitioner is ordered to be released on bail on his furnishing sufficient surety to the satisfaction of C.J.M., Ferozepur.