BALJIT SINGH @ GAGGU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Baljit Singh @ Gaggu has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 6 dated 3.1.2006 registered under Sections 305/506/120-B/34 IPC at Police Station Sadat Malout, District Muktsar.

(2.) I have heard the counsel for the parties and gone through the contents of the FIR as well as the order dated 14.8.2006 passed by the Additional Sessions Judge-I, Muktsar, whereby bail has been declined to the petitioner.

(3.) COUNSEL for the petitioner contends that as far as the petitioner is concerned, he has been falsely implicated in this case after one day of the alleged occurrence. While referring to the post-mortem report of the deceased, learned counsel submitted that there are only two injuries on the person of the deceased and those injuries were caused by main accused Subeg Singh alias Shera. Except those two injuries, no other injury was found on the person of the deceased. Therefore, the statement of the complainant to the extent that when the deceased fell down after the injuries caused by the main accused, the petitioner also gave Soti blow to the deceased, is false. Counsel further contends that as far as the petitioner is concerned, there is no motive for committing the alleged offence. The main accused in the case is Subeg Singh alias Shera, who is already in custody. Counsel contends that in this case the petitioner is in custody since 25.2.2006 and till date no prosecution witness has been examined and the matter is pending before the trial Court for consideration of the fact whether the other two co-accused are juvenile or not. Counsel contends that as far as the petitioner is concerned, false implication of the petitioner in this case cannot be ruled out as the FIR was registered after a delay of one day and the conduct of the complainant to first go to Amritsar from the spot to inform the brother of the deceased instead of immediately going to the Police Station for reporting the matter, particular when the deceased died on the spot.