SUKHWINDER SINGH ALIAS KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) While the accused-petitioner was facing trial for the offences punishable under Sections 307/324 read with Sec. 34 IPC; they were enlarged on bail on 5.7.1997. The allegations are that on 21.7.1997, while petitioner-accused Sukhwinder Singh was on bail, he along with others, committed offences under Sec. 323/341/506 read with Sec. 149 Penal Code. It is further alleged that offence under Sec. 379 was also added at a later stage. The allegations are that the incident was provoked to terrorise the witness Jinderpal Singh. The trial Court cancelled the bail of the petitioner by making m observation that if the accused happened to commit similar type of offence while on bail, their bail is liable to be cancelled. The proposition of law in that respect is undisputedly settled. In this case, now it has come to light that the said Jinderpal Singh had not sustained any injury, though it was so wrongly observed by the trial Court while cancelling the bail. Learned Assistant Advocate General, Punjab submits that another persons named Nahar Singh who accompanying Jinderpal Singh has sustained three simple injuries, but the d person is not a witness in the earlier case.

(2.) In my opinion, the nature of allegations in the case registered subsequently is yet to be established. Till then it would not be quite correct to conclude that the petitioner-accused was indulging in the similar activities while on bail. It may be noted that application for cancellation was moved of 29.7.1997 and bail was cancelled on 15.10.1997. During this span of 3-1/2 months, no untowards incident took place. It may further be noted that hearing of the case under Sec. 307/34 read with Sec. 34 (FIR No.63 date 5.3.1997) is being adjourned for one reason or the other even till this date no] evidence has been recorded. The petitioner/accused is behind the bar since 15.10.1997 and he is a student. In view of that this petition is allowed The petitioner Sukhwinder Singh is directed to be released on bail during trial on FIR No.63 dated 5.3.1997, Police Station Sadar, Patiala, Offence under Sec. 307,324 read with Sec. 34 IPC, on his executing the bail bond and sure bond in the sum of Rs. 10,000.00 to the satisfaction of the trial Judge.