Satpal Singh vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner Satpal Singh alias Satti son of Ajit Singh, has directed the instant petition, for the grant of concession of regular bail, in a case registered against him along with his other co-accused, namely, Balwinder Singh @ Sonu S/o. Kulwant Singh, Jaswinder Singh alias Kaka S/o. Sadha Singh, Major Singh S/o. Swarn Singh, Dharamvir Singh @ Gandhi S/o. Jagdish Singh etc., vide FIR No. 78 dated 3.8.2012 (Annexure P1), on accusation of having committed the offences punishable under sections 148, 307, 323 and 324 read with section 149 IPC (the offence punishable u/s. 326 IPC was added later on) by the police of Police Station Kabarwala, District Sri Muktsar Sahib.

Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable help and considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this respect.

Precisely, the prosecution, inter-alia, claimed that on 2.8.2012, petitioner Satpal Singh alias Satti caused a Kappa blow, which landed on the head and mouth of Sukhdev Singh injured PW. It was alleged that petitioner also caused injury to his father Gurpreet Singh alias Goru (complainant). In that eventuality, as to whether the penal provision of offence punishable u/s. 307 IPC, is attracted to the case of present petitioner or not, inter-alia, would be a moot point to be decided during the course of trial by the trial Court.

Be that as it may, the petitioner was arrested on 22.10.2012. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. Moreover, it is not a matter of dispute that Balwinder Singh, co-accused of the present petitioner, was granted the concession of regular bail by the Additional Sessions Judge. There is no history of previous involvement of the petitioner in any other criminal case. The final conclusion of de novo trial will naturally take a long time.

In the light of aforesaid reasons, taking into consideration the totality of the facts & circumstances, oozing out from the record, as depicted here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, the instant petition for regular bail is accepted. The petitioner is ordered to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of the trial Court.

Needless to mention that, nothing observed here-in-above, would reflect on the merits in the trial of main case, in any manner, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail only.