Roop Singh vs State of Punjab

Rajan Gupta, J.—This is a petition u/s 439 Code of Criminal Procedure seeking regular bail in a case registered against the Petitioner under Sections 307, 326, 324, 323 read with Section 34 IPC at Police Station Joga, District Mansa, vide FIR No. 48 dated 6th July, 2010.

Learned Counsel for the Petitioner has argued that Petitioner is in custody since 6th August, 2010 and investigation of the case has already been completed. He further submits that co-accused, namely Lakhwinder Singh has already been granted concession of bail in Crl. Misc. No. M-32311 of 2010 and no useful purpose will be served by detaining the Petitioner in custody any longer.

Learned State counsel has opposed the prayer for bail on the ground that the allegations against the Petitioner are serious in nature. He, however, does not dispute the fact that the trial of the case is already in progress and the next date before the trial court is 24th January, 2011.

Heard.

Keeping in view the aforesaid contentions, the period of incarceration already undergone by the Petitioner, I am of the considered view that the Petitioner deserves to be enlarged on bail as no useful purpose will be served by detaining the Petitioner in custody during the pendency of the trial as the trial may take long time to conclude. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the Petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Mansa.