Sham Sunder @ Bhura vs State of Punjab

Rajan Gupta, J.—This is a petition filed u/s 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioner vide FIR No. 5 dated 11.01.2010 under Sections 304, 323, 341, 506 & 34 IPC at Police Station Ghanour, District Patiala.

Learned Counsel for the petitioner submits that in the entire occurrence only role attributed to the petitioner is that he exhorted co-accused Harjinder Singh @ Dula to assault to the deceased (Akwinder Singh). Learned Counsel submits that the possibility of false implication of the petitioner in the present case cannot be ruled out. According to him, petitioner is in custody since 21.02.2010. No useful purpose would be served by detaining him any longer.

Learned State Counsel has opposed the prayer for bail on the ground that petitioner was having a common intention with co-accused Harjinder Singh @ Dula to commit the crime. He, however, does not dispute the fact that charges have already been framed and trial is in progress.

I have heard Learned Counsel for the parties.

In view of the facts and circumstances of the case, particularly role attributed to the petitioner, I am of the considered view that no useful purpose would be served by detaining the petitioner in custody any longer. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the petitioner. Accordingly, the petition is allowed and petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Patiala.