Teja Singh alias Channa vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner Teja Singh alias Channa son of Harjinder Singh, has filed the instant petition for the grant of regular bail in a case registered against him alongwith his other co-accused, vide FIR No. 266 dated 26.8.2004 on accusation of having committed the offences punishable under Sections 323, 324 and 341 read with Section 34 IPC by the police of Police Station Jagraon, Distt. Ludhiana, invoking the provisions of Section 439 Cr.PC.

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 after deep consideration over the entire matter, to my mind, the present petition deserves to be accepted in this context.

What is not disputed here is that Petitioner was granted anticipatory bail and he continued appearing in the Court. Subsequently, as he did not appear in the Court, therefore, he was declared proclaimed offender. He was arrested on 24.9.2010 and since then he is in judicial custody. The explanation put forth on behalf of the Petitioner that he could not attend the Court as he joined the Indian Army and was posted in disturbed area of Kashmir, appears to be plausible and genuine.

Be that as it may, the Petitioner was arrested on 24.9.2010 and since CRM No. M-32036 of 2010 then he is in judicial custody. No useful purpose would be served to further detain him in jail. There is no history of previous involvement of the Petitioner in any other criminal case. Moreover, all the offences alleged against the Petitioner are triable by the Court of Magistrate. The conclusion of trial will take long time.

Therefore, taking into consideration the totality of the facts and circumstances, emanating from the record, as narrated here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial, to me, the present Petitioner is entitled to regular bail in the obtaining circumstances of the present case.

In the light of the aforesaid reasons, the petition for regular bail is allowed and the Petitioner is directed to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of trial Court.