RAM RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Ram Raj son of Tota Ram has applied for the grant of regular bail, in a case registered against him alongwith his wife Chameli, sons & main co-accused Deepak Kumar, Bunty and Harish alias Kakku, by means of FIR No.81 dated 21.3.2010, on accusation of having committed the offences punishable under sections 148, 302, 323, 324 & 506 read with Section 149 by the police of Police Station Basti Jodhewal, District Ludhiana, invoking the provisions of section 439 Cr.PC.

(2.) NOTICE of the petition was issued to the State.

(3.) THE prosecution claimed that on 21.3.2010, the sons and main co- accused of the petitioner came to the spot and caused injuries to Dharminder Kumar (since deceased) with their respective weapons. Petitioner Ram Raj and his wife Chameli subsequently reached the spot and were stated to have caused injuries to the deceased with baseball. Once the main co-accused and sons of the petitioner have already completed their job, then, possibility of addition and false implication of the petitioner and his wife cannot be ruled out. It is not a matter of dispute that Chameli wife and co-accused of the petitioner, to whom, the similar role is attributed, has already been allowed regular bail by a Coordinate Bench of this Court (Rakesh Kumar Jain, J.), vide order dated 20.7.2011 passed in CRM No. M-14739 of 2011. Therefore, I see no reason not to extend the same benefit of regular bail to the present petitioner. Moreover, he was arrested on 22.3.2010, since then, he is in judicial custody and he is no longer required to be detained in jail for any purpose. The conclusion of trial will naturally take a long time. There is no history of previous involvement of petitioner in any other criminal case.