KULWANT SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is 9th petition under Sec. 439 of Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') for grant of regular bail, arising out of FIR No.56 dated 19.12.2010, under Sections 302, 307, 148, 149, 120-B of the Indian Penal Code, 1860 (for short 'IPC') and Sections 25, 27, 54, 59 of Arms Act, 1959 (for short 'Act'), registered at Police Station Balongi, District SAS Nagar and now FIR No.RC51- 2012 (S)/0009/2012 dated 13.12.2012, under Sections 302, 307, 326,, 324, 201, 34 of Penal Code and Sections 25, 27 of the Act, registered at Police Station CBI/SCB, Chandigarh.

(2.) In the aforesaid FIR, the petitioner was arrested on 03.02011. The prosecution's allegations against the petitioner are that he had fired with his .12 bore rifle towards the complainant which hit his father Rattan Singh on his head and he fell down. When he tried to lift him, Dilbar Singh brother of the petitioner fired at him with his .12 bore rifle with an intention to kill him hitting him on left leg, right ankle and back. He took his father to the Hospital in the vehicle who died. Kulwinder Kaur-complainant-sister, was hit on her left leg because of the fire injuries and she is the injured witness.

(3.) Learned Senior counsel for the petitioner contended that this Court has rejected the bail petitions numbering 8 over the period of last 7 years and this is the 9th petition for grant of regular bail to the petitioner. Pointing out various earlier orders rejecting petitions filed by the petitioner, he submitted that this Court every time made order expediting the trial and on that ground, regular bail was refused. Learned Senior counsel then submitted that in the case of Dilbar Singh Vs. CBI, in CRM-M-4465 of 2017, decided on 16.02017, this Court had specifically observed that the prosecution ought to examine Kulwinder Kaur, injured witness due to bullet injury and as all other material witnesses are examined and that the trial could not allow to be conducted with a snail speed. This Court, therefore, granted bail to Dilbar Singh and also imposed condition not to enter limits of village Baryali, Tehsil and District SAS Nagar (Mohali) till the examination-in-chief and cross-examination of Kulwinder Kaur is completed. Learned Senior counsel submitted that this order was made on 16.02017 and even now, the prosecution has not examined Kulwinder Kaur. According to him, the prosecution deliberately wants to delay the trial. He, then submitted that even in respect of pending appeals in the higher Courts, the Supreme Court in the case of Hussain and another Vs. UOI and others, 2017 (2) R.C.R. (Criminal) 312, considered period of 5 years pending appeal as good enough to grant suspension of sentence/bail. He therefore, prayed for grant of regular bail to the petitioner.