SUKHWINDER MASIH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Sukhwinder Masih son of Ajit Masih has directed the instant petition for the grant of regular bail, in a case registered against him along with his other main co-accused Kala Singh and others, by virtue of FIR No.17 dated 23.1.2013 for the commission of offences punishable under sections 148, 307, 115 & 120-B read with section 149 IPC and sections 25 & 27 of the Arms Act by the police of Police Station Bhindi Saidan, District Amritsar, invoking the provisions of section 439 Cr.PC.

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

(3.) ACCORDING to complainant ASI Jaspal Singh son of Baldev Singh that Kala Singh main co-accused has paid money to Jaspal Masih s/o Gurbaksh Masih, Nirvail Singh s/o Subegh Singh, Bau Singh s/o Inder Singh, Amarjit Masih s/o Surjit Masih and the petitioner to kill him. They came to his house four months prior to the registration of the case. It appears to be highly improbable that ASI Jaspal Singh (complainant) would sit idle for four months and will not immediately report the matter to the police in this regard. The previous enmity between Kala Singh main accused and the complainant is admitted. It is not a matter of dispute that Kala Singh main accused, has already been granted the concession of anticipatory bail by a Coordinate Bench of this Court (Ajay Tewari, J.), by means of order dated 14.5.2013 (Annexure P1), rendered in CRM No. M-14862 of 2013. In that eventuality, I see no reason not to extend the benefit of regular bail to the present petitioner as well. There is no history of his previous involvement in any other criminal case. Moreover, he was arrested on 26.1.2013, since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. Even, since the case has not yet been committed to the Court of Session for trial, so, the final conclusion of trial will naturally take a long time.