Sandeep Kumar @ Sanju vs State of Punjab

Ram Chand Gupta, J.—This is an application for regular bail filed u/s 439 of Code of Criminal Procedure in FIR No. 21 dated 12.2.2009, u/s 306, Indian Penal Code, registered at Police Station, Dera Bassi, District SAS Nagar, Mohali.

I have heard learned Counsel for the parties and gone through the record.

It has been argued by the learned Counsel for the Petitioner that Petitioner has been continuing in custody since 16.2.2010 and that only five witnesses have been examined so far out of twenty five and hence, trial is not likely to be concluded in near future. It is further contended that even some of the witnesses who have been examined, have not supported the prosecution version. It is further contended that even as per the allegation in the complaint, no offence u/s 306, Indian Penal Code is made out against the Petitioner-accused. He has also placed reliance upon a judgment rendered by Hon''ble Apex Court in Sohan Raj Sharnta v. State of Haryana III (2008) CCR 61 (SC) : 111 (2008) DLT 394 (SC) : 2008 (2) R.A.J. 272.

Bail application has been opposed by learned Counsel for the State, on instruction from ASI, Ram Dayal, on the plea that complainant, who is father of deceased has already been examined and he has supported the prosecution version and that other relatives are still to be examined.

I have considered all the facts and circumstances of the case.

There are no allegations on behalf of the State that Petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Sandeep Kumar @ Sanju is allowed.

Bail to the satisfaction of CJM/Duty Magistrate, Mohali.