BHURA SINGH A Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BHURA Singh and Joginder Singh have prayed for bail in a case registered vide F.I.R. No. 53 dated May 26, 1987 at Police Station Boha, District Bhatinda, under section 302 read with section 34, Indian Penal Code.

(2.) THERE were four accused namely Bhura Singh, Joginder Singh, Gurmel Singh and Ajaib Singh. They are alleged to have attacked Gurmel Singh who died on account of the injuries. Bhura Singh was armed with a gandasa and he caused injury on the head from the sharp edged side. Gurmel Singh gave a stick blow and he was released on bail as only swelling was found. Joginder Singh gave a "ghop" blow near the ear and simple laceration was found. Ajaib Singh gave a stick blow. Earlier bail application of the petitioners was declined on September 16, 1987 with the direction to the trial Court to dispose of the trial, if possible, within three months. However, so far the trial has not commenced. Again the application for bail was declined on February 9, 1988 as the case was fixed for March 16, 1988 for recording prosecution evidence in the trial Court. Since the accused were not produced by the jail authorities, statements of the witnesses present could not be recorded. On the next date i.e. April 18, 1988, the case was adjourned and the prosecution witnesses were ordered to be summoned for September 12, 1988. Although on merits there is no ground for allowing the bail, however, the fact cannot be lost sight of that inspite of the order dated September 16, 1987, there has been noprogress in the case. As far as Joginder Singh accused is concerned, his case is at par with that of Gurmel Singh as only simple injury is attributed to him. Joginder Singh is, therefore, allowed bail. He is directed to be released on bail on furnishing bail bond to the satisfaction of Chief Judicial Magistrate, Bhatinda. The request of Bhura Singh accused for bail is declined.