JANDA ALIAS JANDU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks regular bail in FIR No. 6 dated 11.1.2005, under Sections 399/400/401/402 IPC, registered at Police Station, Banur, District Patiala. As per the allegations contained in the FIR, the petitioner and his co-accused were preparing to commit a dacoity, however, due to timely action by the police party, they were arrested on the spot.

(2.) The petitioner's co-accused have already been released on bail by this Court vide order dated 26.10.2006 passed in Criminal Misc. No.60460-M of 2006 (Annexure P-3). Learned State counsel, on instructions from Jai Kishan, ASI, however, points out that the petitioner is the main accused in another case also registered vide FIR No. 3 dated 5.1.2005 in which he along with his associates had actually succeeded in committing dacoity at a Petrol Pump. It is stated that the petitioner is not on bail in the aforesaid case.

(3.) After hearing learned counsel for the parties and having regard to the fact that the petitioner's co-accused have already been released on bail, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of the learned Chief Judicial Magistrate, Patiala. However, the aforesaid order shall not work to the advantage of the petitioner to seek bail in a case where the allegations are that he had actually committed dacoity. Disposed of.