KALA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KALA Singh accused in case FIR No. 95 dated 13.8.2010 under Sections 302, 341, 323, 148, 149 IPC, P.S. Raman, District Bathinda, has moved present application for seeking anticipatory bail.

(2.) LEARNED Counsel for the Petitioner -accused argued that in the FIR, the only allegation is that four persons came in one vehicle and started beating Hardip Singh and had thrown him before the running bus and consequently, Hardip Singh died. He has further argued that statements of Gurmel Singh, Gurjant Singh and Hardeep Singh were recorded under Section 161 Cr.P.C.. He also argued that the prosecution is banking upon the alleged extra -judicial confession made by the Petitioner - accused and other accused before Gurjant Singh, Panch. He further argued that it is not made clear in the statements of three witnesses recorded under Section 161 as to whether at the time of incident, Kala Singh - Petitioner was present in the car or was on the road. However, the only statement is against the four accused Hardeep Singh, Mohna Singh, Tarsem Singh and Ajaib Singh. He further stated that challan has been presented against Hardeep Singh, Mohna Singh, Tarsem Singh, Ajaib Singh and Jaskaran Singh.

(3.) CONSIDERING totality of the facts and circumstances of the case, present petition is allowed and it is directed that in the event of arrest of the Petitioner, he shall be released on bail by the Investigating Officer on furnishing his personal bond and one surety of Rs. 20,000/ -to the satisfaction of the Investigating Officer, subject to the limitations provided under Section 438(2) of the Code. Petitioner - accused shall participate in the investigation as and when he is required.