ANOKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner- Anokh Singh has filed this petition under Section 439 of the Code of Criminal Procedure, 1973 praying for grant of bail in case bearing First Information Report No. 96 dated 27.10.2000 under Sections 452, 307, 325, 323, 148 and 149 of the Indian Penal Code registered at Police Station Dilapura Bathinda. The present case was registered on the statement of Jasvir Singh alias Jagga, resident of Dilapur Bhai-ke-Jhugian. Petitioner-accused Anokh Singh along with five other accused are facing trial in this case. The accusation against the petitioner is that on 21.10.2000 in the area of village Dialpura Bhaika Jhugian, he had caused injury to Virpal Maur with Takua which hit on the left side of her head. In addition, Jasvir Singh and Mohinder Kaur had also suffered injuries at the hands of his co-accused.

(2.) Counsel representing the petitioner-accused while pressing for bail has submitted that the trial of the case is being delayed because the witnesses are not being produced by the prosecution. Counsel for the petitioner has produced on record copies of the orders passed by the trial Court from 17.5.2001 to 30.5.2001 which reveal that despite bailable warrants having been issued to secure the presence of witnesses who had failed to appear in pursuance to summons sent to, them, the police has not been able to render proper assistance to secure their presence. The witness present was not examined in view of the objection taken by the counsel for the accused.

(3.) Merely that the evidence has not yet been concluded cannot be a justification to grant the concession of bail to the petitioner. In view of the gravity of the allegation made against the petitioner, his petition for bail is dismissed.