LAWS(P&H)-2007-4-99

BALKAR SINGH Vs. STATE OF PUNJAB

Decided On April 19, 2007
BALKAR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THE prayer in this petition is to release the petitioner on regular bail in FIR No. 164 dated 3.7.2005, registered under Sections 307, 326, 324, 323, 452, 148, 149, 34 IPC, at Police Station, Patti, District Tarn Taran. As per the allegations contained in the FIR, the petitioner caused two head injuries with Gandasi. THEse injuries have attracted Section 307 IPC. THEre is, however, no denial to the fact that the petitioner was arrested on 29.7.2005 and is in custody since then. Meanwhile, the charges have been framed and one prosecution witness has also been examined. However, the prosecution has thereafter moved an application under Section 319 Cr.P.C., in terms whereof some other persons have also been summoned to face trial. Thus, the conclusion of the trial is likely to take considerably long period, more so when the prosecution wants to examine six more witnesses. For the reasons aforementioned, but without expressing any views on merits of the case, lest it should prejudice either of the parties during trial, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of the Chief Judicial Magistrate, Amritsar. Disposed of.