Rinka @ Paramdeep Singh vs State of Punjab

Jaswant Singh, J.—Prayer u/s 439 Code of Criminal Procedure is for grant of regular bail in case FIR No. 56 dated 9.5.2010 under Sections 302/148/149 IPC and 25/27 of the Arms Act, Police Station Division No. 2, Jalandhar.

As per the allegations in the FIR, petitioner along with 16 other co-accused, who were armed with base ball bats, kirpan and main accused-Pankaj armed with revolver came at the place of occurrence while exhorting and attacked Sahil-brother of the complainant thereby causing his death.

Learned Counsel submits that no specific role has been attributed to the petitioner and that the only gun shot injury is ascribed to the main accused-Pankaj. He further submits that as per post mortem report, deceased-Sahil has suffered three injuries out of which two are only abrasions on the foot and third is the fatal gun shot injury, and that too alleged to have been caused by said Pankaj, who has also suffered fourteen injuries as per the MLR (P.1) and as per the report u/s 173 Code of Criminal Procedure (P.3) out of which injuries Nos. 1 to 13 were sharp and injury No. 14 was blunt and that injuries Nos. 2, 8, 9, 10, 11 and 14 were declared grievous in nature whereas injuries Nos. 9 to 13 were opined to be dangerous to life and consequently on 25.5.2010, cross version on the statement of main accused Pankaj from the petitioner''s side was also recorded. It is further stated that said Pankaj remained admitted in hospital from 9.5.2010 to 16.6.2010 and is not being arrested by the police because of his physical condition.

Learned state counsel, on instructions from SI Baljit Singh, states that in this case there were total seventeen accused from the petitioner''s side out of which against seven, challan has been presented, two have been found innocent, three were declared as proclaimed offender and the addresses of remaining five accused could not be ascertained. He further states that from the complainant''s side also, four persons have been challaned and accused-Pawan Kumar (complainant) as well as accused Sunny S/o Om Parkash were found innocent whereas accused Sachin @ Sunny could not be arrested and P.O proceedings are pending against him; and complete address of Rinku @ Badar could not be found out.

After hearing learned Counsel for the parties, it prima facie appears that the petitioner has not played any active role in the murder of Sahil-brother of the complainant.

Without expressing any opinion on the merit of the case, in view of the fact that investigations qua petitioners are over and the challan has been presented and that the trial is not likely to conclude in near future, I find no valid ground to keep the petitioner in custody any longer.

Accordingly, petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of the ld. Chief Judicial Magistrate, Jalandhar.