CHANCHAL SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mr. Pheruman, the learned counsel for the petitioner argues that the present matter is squarely covered by a judgment of this Court in Dharam Pal v. State of Haryana, 1999 4 RCR(Cri) 600. A certificate has been attached with the application, which is not disputed by the State of Punjab. The certificate shows that the applicant has served actual sentence of 5 years, 4 months and 07 days as on the date of issue of certificate on December 23, 2002. So, by now, he has served for more than five years, 9 months and 6 days. He has suffered 5 years 2 months and 6 days of imprisonment after conviction. Therefore, on this account alone, the matter is squarely covered by the judgment of this Court in Dharam Pal's Case .

(2.) Apart from this, even on merits, it is to be seen that only injury attributed to the applicant is on the left arm of the deceased. The co- accused, who is stated to have caused fatal injury on the head of the deceased namely Chanchal Singh, was released on bail by the Court on August 19, 2001. Chanchal Singh was granted bail by the same Bench, which passed the judgment in Dharam Pal's Case .

(3.) Further more, it has been brought to the notice of this Court by Mr. Pheruman, that through out the trial except for a period of two months, the applicant remained on bail. No circumstances have been pointed out by the State to show that the applicant had misused the concession of bail in any manner, at any stage through out the trial. In fact, he surrendered forthwith after conviction. In such circumstances, it would be wholly inappropriate to decline bail to the applicant even now.