BALKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CASE FIR No. 235 dated 10.9.1986 was registered. under Sections 399/400, IPC and 3/4, Terrorist and Disruptive Activities (Prevention) Act, 1985, against Balkar Singh, Paramit Singh and others. Paramit Singh was allowed bail by the Designated Court Amritsar vide order dated March 18, 1987. The learned Designated Court allowed bail on the ground that are is no evidence to connect. Paramjit Singh with the crime. The Designated Court further douted the investigation regarding the identification parade of the accused. Balkar Singh, co -accused of Paramjit Singh was declined bail by the Designated Court vide order dated August 3, 1987. The main ground to decline bail to Balkar Singh is. that there are statements of Surain Singh and Joginder Singh who have deposed against the petitioners.

(2.) THE learned counsel for the petitioner contended that if Surain Singh and Joginder Singh had made statements before March 18, 1987, when co -accused of the petitioner was allowed bail there would have been some mention of the same in the order of the Designated Court. I have perused the order of the Designated Court dated March 18, 1987. The Designated Court, while allowing bail to Paramjit Singh, was never told of any statements made by Surain Singh and Joginder Singh. The contention of the learned counsel for the petitioner is that these statements have been ante -dated and came into existence much later. The accused of the petitioner was allowed bail, it is conceded by Mr. S.S. Saron, learned. A.A.G, Punjab that the case of the petitioner and Paramjit Singh is identical and allegations against them are same. Taking an over all view of the case, I feel it a fit case where the petitioner should be allowed bail. Bail to the satisfaction of C.J.M. Amritsar. Order accordingly.