SHEHJAD KURESHI AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in this petition is for grant of regular bail to the petitioners, Shehjad and Guffran, who have been booked for having committed the offences punishable under Section 380, 411, 420, 457, 467, 471 and 482 of the Indian Penal Code in a case arising out of FIR No. 105, dated 01.09.2012, registered at Police Station, Mehatpur, District Jalandhar. Learned counsel for the petitioners submits that the charges in the present case were framed on 05.03.2013 and thereafter, the case was adjourned to 19.03.2013 for recording of the prosecution evidence. Since then, a period of 60 days has elapsed but not even a single prosecution witness has been examined, therefore, the petitioners are entitled to bail in consonance with sub -section (6) of Section 437 of the Criminal Procedure Code.

(2.) LEARNED counsel for the State very fairly concedes that the petitioners are behind the Bars from 14.11.2012. The charges were framed on 05.03.2013 and even after lapse of 60 days from the first date fixed for recording the prosecution evidence, the prosecution has not been able to conclude its evidence. He also concedes that except the disclosure -statement of the petitioners and their co -accused, there is no other material connecting the petitioners with the offences.

(3.) ALL the offences for which the petitioners have been booked are triable by Judicial Magistrate First Class. The charges were framed on 05.03.2013 and the first date fixed for recording of the prosecution witnesses was 19.03.2013; and thereafter the case was adjourned for several dates but the prosecution failed to examine the witnesses. Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed. Petitioners Shehjad Kureshi, S/o Nathu Kureshi, R/o Gadhi Pukhta, Tehsil Shaali, Police Station, Gadee Pukhta, District Muzafar Nagar (U.P.), and Guffran, S/o Islam Hazi, R/o Ekam Nagar, Masjid Mohalla, Kureshian Bagra, Police Station, Titavi, District Muzafar Nagar (U.P.), are ordered to be released on bail during pendency of the trial of the present case subject to their furnishing bail bonds to the satisfaction of the learned trial Court.