Udham Singh vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner Udham Singh son of Baaj Singh, has applied for the grant of regular bail in a case registered against

him alongwith his other main co-accused, namely, Harpreet Kaur, vide FIR No. 31 dated 3.4.2010 on accusation of having committed the

offences punishable under Sections 328, 427, 436 and 120B and subsequently added Section 307 IPC, by the police of Police Station

Kotkapura, Distt. Faridkot, 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.

Succinctly, the prosecution claimed that on 2.4.2010 Harpreet Kaur, main accused, has administered some poisonous substance in the meals of

her family members, in order to kill them. Petitioner was involved in the present case on the basis of statements of PWs Mander Singh and Boota

Singh, who were stated to have seen him with Harpreet Kaur after the occurrence. No other overt act or role is attributed to the Petitioner.

Whether the mere presence of Petitioner with main accused Harpreet Kaur, after the occurrence, would attract the penal provisions of the

indicated offences, will be the moot point to be decided during the course of trial by the trial court. Main accused Harpreet Kaur is in judicial

custody. The Petitioner was arrested on 22.4.2010 and since then he is in judicial custody. No useful purpose would be served to further detain

him in jail. Moreover, there is no history of previous involvement of the Petitioner in any other criminal case. The conclusion of trial will naturally

take a long time.

So, 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.