RASSAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail in case FIR No.121 dated 25.7.2005, registered under Sections 302,201,148,149 of the Indian Penal Code at Police Station Bhikhiwind, Distt. Amritsar. Counsel for the petitioner contends that there is no direct evidence against the petitioner. The petitioner has been arrested and is facing trial, on the basis of suspicion. No eye witnesses are forthcoming and even the alleged circumstantial evidence is shaky. It is contended that all private witnesses have been examined. It is further argued that the alleged recovery and the alleged motive are insufficient to bring home the petitioner's guilt.

(2.) Counsel for the State of Punjab, on the other hand contends that despite the aforementioned facts, there is sufficient evidence with the prosecution, to convict the petitioner. On account of election rivalry, the petitioner conspired to kill the deceased. Though, there is no direct evidence, there is sufficient circumstantial evidence, against the petitioner. I have heard learned counsel for the parties and perused the record.

(3.) Admittedly, all private witnesses have been examined and only official witnesses remain to be examined. No direct evidence is available against the petitioner. The correctness of the circumstantial evidence as also the evidence regarding motive, would be considered during the trial. The petitioner has been behind bars since July 2005. I find no reason to extend his incarceration any further.