LAWS(P&H)-2016-5-55

SARABJIT SINGH ALIAS SWEET Vs. STATE OF PUNJAB

Decided On May 24, 2016
Sarabjit Singh Alias Sweet Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This is the second petition filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner Sarabjit Singh @ Sweet in case FIR No.51 dated 27.6.2013, registered under Sections 307, 324, 323, 341, 148 and 149 IPC and Section 25 of the Arms Act, registered at Police Station Badhni Kaln, District Moga, during pendency of the trial.

(2.) Learned senior advocate has stated that apart from the fact that there is a cross case between the parties, except the petitioner, all the accused from both sides have been granted bail. No specific injury has been attributed to the petitioner. The petitioner is in custody since 10.10.2014 and no prosecution witness has been examined in the case so far. Therefore, the petitioner cannot be kept in custody for an indefinite period.

(3.) Learned State counsel on instructions from ASI Sewak Singh does not dispute the above fact and states that out of total 22 prosecution witness, no prosecution witness has been examined. He further states that against one of the co -accused P.O. proceedings have been initiated.