ACHAL VINAYAK Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the first petition filed under Sec. 439 of the Cr.P.C. for grant of regular bail to the petitioner in case FIR No.26 dtd. 23/2/2022 under Ss. 379-B, 304, 411 and 34 of IPC, registered at Police Station Division No.4, Jalandhar, District Jalandhar.

(2.) Learned counsel for the petitioner submits that the FIR in question was registered on the allegations that when the deceased along with PW-1, namely, Arpana was going in a rickshaw, two unidentified youth came on a scooter and snatched the purse of the deceased as a result of which, she lost her balance and fell down on the road. Subsequently, she succumbed to the head injury which she had sustained on account of the fall from the rickshaw. Learned counsel has further submitted that the false implication of the petitioner in the FIR in question finds credence from the fact that while stepping into the witness box, PW-1 Aparna who was stated to be accompanying the deceased on the fateful day, did not support the case of the prosecution, as a result of which, she was declared hostile. In support, learned counsel has drawn the attention of this Court to the deposition of PW-1, Aparna, annexed as Annexure P-4. He submits that the petitioner has now been in custody for almost a year having been arrested on 2/3/2002 and there is no likelihood of trial concluding in the near future as almost 18 prosecution witnesses remain to be examined.

(3.) On a pointed query put to the learned counsel as to whether any other criminal case was pending against the petitioner, he has replied in the negative.