SODHI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD .

(2.) THE Petitioner/accused Sodhi Singh has filed this petition under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for grant of regular bail in FIR No. 108 dated 12.10.2009 registered under Sections 323, 324, 326/34 IPC (to which Section 307 IPC was added subsequently). He has contended therein that on 10.10.2009 in the evening he, alongwith his wife and daughter Jyoti, was present in the house, when Jasvir Singh -complainant, accompanied by Jaswinder Singh, Deepa and others, criminally trespassed into his house and started using criminal force upon his wife and daughter and tried to outrage their modesty by touching their private parts. On 11.10.2009 he, alongwith his wife, was going to police station to lodge a report, when they were encircled by the above said persons near the Bus Stand, Loharan, and were given beatings by them. In the occurrence he suffered three injuries. However, the police recorded the above said FIR on the statement of Jasvir Singh. No offence under Section 307 IPC is made out from the contents thereof, which was added only on the basis of the opinion given by the District Attorney. He was arrested on 4.11.2009 and he is coming in the custody since then. He is innocent and has been falsely implicated.

(3.) IT is a case of version and cross -version. The Petitioner is coming in the custody since 4.11.2009. There is no possibility of the conclusion of the trial at an early date as it is an admitted fact that an application has been filed by the State under Section 319 of the Code for summoning additional accused, which is still pending.