SHAM SUNDER @ BHURA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition filed under Section 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.

(2.) 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.

(3.) 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.