BALKISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioners-Balkishan and Sumer Chand in case FIR No. 170 dated 28.12.2003 registered at Police Station, Rori, District Sirsa for the offences under Sections 302, 452, 323, 148 and 149 of the Indian Penal Code.

(2.) AS per allegations in the FIR, the petitioners along with other co-accused came in the evening at about 7.00 P.M. on 28.12.2003 and caused injuries to Bharat Singh, the brother of complainant-Madan Lal.

(3.) I have given my thoughtful consideration to the respective contentions of the learned counsel appearing for the parties. It is appropriate to notice that FIR in the case was registered on 28.12.2003 and the petitioners were arrested on 31.12.2003 and since then they are in custody. Learned counsel for the petitioners submits that the prosecution has filed an application in terms of Section 319 of the Code of Criminal Procedure for summoning additional accused and, proceedings in respect of the same are going on. Therefore, trial in the case cannot be said to have made any progress and now a de novo trial is likely to be started. Keeping in view the fact that the co-accused of the petitioners, namely, Dharam Chand and Ashok Kumar have been granted bail and the fact that the petitioners are in custody for the last one year and two months and also the fact that trial in the case has not made any substantial progress, it would be just and expedient to extend the concession of bail to the petitioners. In the circumstances, the petitioners are admitted to bail on their furnishing personal bonds and surety in the like amount to the satisfaction of Chief Judicial Magistrate, Sirsa. Crl. Misc. Petition stands disposed of accordingly. Petition allowed.