GURSEWAK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer here is for the release of the petitioner Gursewak Singh on bail.

(2.) On April 10, 1987, a case under S.302 read with Ss.34 and 379 of the Indian Penal Code, S.25 of the Arms Act and Ss.3 and 4 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 was registered against the petitioner and three others. The petitioner was thereafter arrested on May 18, 1987 and has been in custody ever since. The co-accused of the petitioner had been arrested some days earlier.

(3.) The incident, in the present case, took place at night. The assailants being four unidentified youngmen. None of them was named in the first information report and their description there is of a very vague and general kind. Further, there is no mention of any identification parade having been held or of the accused having refused to participate in it and as mentioned earlier, it was over a month after the incident that they came to be arrested.