BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail, pending trial in case FIR No.112 dated 28.07.2007, under Sections 452, 316, 148 and 149 IPC, 1860, registered at Police Station, Chheharta, District Amritsar. The petitioner is in custody since his arrest on 17.10.2018.

(2.) The FIR was registered on the statement of complainant Kuldeep Kaur on the allegations that she is a house lady and about two years back, she got married to Sukhwant Singh. On 11.7.2017 they had a dispute with Phuman Singh, Manga Singh and Jyoti sons of Avtar Singh. Through the intervention of respectables the matter was compromised in writing. On 24.7.2017 at about 8.30 p.m., she alongwith her husband Sukhwant Singh, mother-in-law Gurmeet Kaur and father-in-law Surinder Singh were present in their house, then petitioner alongwith his co-accused entered in their house and caused injuries. The complainant was carrying pregnancy of two months at the time of incident. On the next morning her mother-in-law arranged for the vehicle and took her to the hospital and due to beating, the complainant suffered miscarriage. On these broad allegations, the above FIR was registered.

(3.) Learned counsel for the petitioner contends that previously application for grant of regular bail was dismissed by this Court on 27.09.2019 with the observation that the trial be concluded by December, 2019. According to him, only two prosecution witnesses have been examined so far, whereas the co-accused of the petitioner have already been convicted and have been awarded a sentence of four years. It is pointed out that the petitioner is in custody for the last two years and the trial is likely to consume considerable time to conclude, therefore, the further custody of the petitioner may not be necessary. He prays for bail.