AMANDEEP SINGH @ ASSA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed under Section 439 of the Code of Criminal Procedure (Cr.P.C.) for grant of concession of regular bail to the petitioner in case First Information Report No.229 dated 21.09.2010 under Sections 307, 427, 148, 149 and 120 -B of the Indian Penal Code (in short, "I.P.C.") and Section 25/27/54/59 of the Arms Act, 1959 registered at Police Station Sarabha Nagar, Ludhiana.

(2.) THE submissions made by learned counsel representing the petitioner and learned counsel representing the State of Punjab have been considered.

(3.) IT was submitted on behalf of the petitioner that he is in custody since 27.08.2012. All accused in the case except him are on bail. It was pointed out that on the last date of hearing this Court had ordered for recording of cross -examination of the complainant on 30.03.2015. Neither on the said date nor on the next date fixed for evidence i.e. 21.04.2015 the witness was examined by the prosecution. Learned counsel also urged that in the First Information Report the allegation of the complainant was that the petitioner was armed with a .12 bore rifle from which he had fired. Another accused named Avtar Singh was said to be armed with a pistol. Among the other accused Jagdish Singh son of Joginder Singh, Sukhdev, Bhupinder Singh @ Bhalla, Kuldeep Singh @ Bhappa, who were all alleged to be having fire arms. However, after investigation, some persons named were found to be innocent and the remaining, who were challaned have since been enlarged on regular bail. Submitting that the trial is still likely to take some time and there is no ground for detaining the petitioner in custody, learned counsel prayed for his release on regular bail.