HARMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is assailing the impugned order whereby the Sessions Judge, Bathinda, allowing the revision filed by the State of Punjab, granted police remand for the petitioner for six days.

(2.) THE factual matrix of the case is that a case under Sections 302/452/34 IPC and 25/54/59 of the Arms Act was registered against the petitioner at Police Station Sangat, District Bathinda. Co-accused was arrested on November 25, 1995. The petitioner was outside the State. He was declared proclaimed offender in this case. On coming back he came to know of this fact and he immediately surrendered himself in the Court of Chief Judicial Magistrate, Bathinda, on April 21, 1997. On the same day the learned Chief Judicial Magistrate sent him in judicial custody. Notice was also given to the police for April 24, 1997. The petitioner remained in judicial custody from 21st April to 20th May 1997. During this period test identification parade was held on May 20,1997. A prayer was made by the Investigating Officer to grant police remand. The learned Chief Judicial Magistrate allowed the prayer and granted petitioner's police remand for two days i.e. from 20th May, 1997 to 22nd May, 1997. The petitioner was again produced before the Court on 22nd May, 1997. Police asked for further police remand, which was declined by the learned Magistrate and the petitioner was sent to Judicial custody.

(3.) ALL the above facts are not disputed by Mr. A.R. Sidhu, Deputy Advocate- General, Punjab.