GURJANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner seeks grant of regular bail in case FIR No.168, dated 15.12.2004, registered under Sections 279/308/337/338/427 of the IPC, at Police Station Moonak, District Sangrur. Counsel for the petitioner contends that the petitioner, after investigation, was declared innocent. However, during the course of the trial, and pursuant to an order, passed under Section 319 of the Cr.P.C, the petitioner was summoned to stand trial alongwith the already arraigned accused. It is further contended that the petitioner was merely travelling in a jeep, being driven, as per allegations in the FIR, by Balam Singh son of Ajaib Singh. No role, whatsoever, has been attributed to the petitioner. It is further contended that the injured has since recovered and is now hale and hearty. Counsel for the respondent, on the other hand, contends that as the petitioner and his co-accused tried to run over the injured, the petitioner should not be released on bail.

(2.) I have heard learned counsel for the parties and perused the record.The petitioner was declared innocent, during the course of investigation. However, pursuant to an order, passed under Section 319 of the Cr.P.C, he has been summoned to stand trial alongwith the already arraigned accused. The trial is in progress and evidence is being recorded. Counsel for the respondent has not expressed any apprehension that if released on bail, the petitioner would tamper with the prosecution evidence or in any manner subvert the process of trial. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Sangrur. Nothing, stated herein, shall be construed to be an expression of opinion, on the merits of the controversy.