GURVINDER SINGH @ BABA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 of the Code of Criminal Procedure (for short 'Cr.P.C') for grant of bail pending trial to the petitioner in case FIR No.185 dtd. 27/7/2018, under Ss. 307,302,120-B, 201, 212 and 216 of the Indian Penal Code, 1860 (for short 'IPC'), Sec. 25 of Arms Act, 1959 and Sec. 3(2) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short 'the Act'), registered at Police Station Rama Mandi, District Jalandhar.

(2.) It is contended by learned Counsel for the petitioner that the petitioner is in custody since 10/12/2018 and there is no material available on record to substantiate the complicity of the petitioner with the commission of offence in the present case. Also contends that as a matter of fact after 5 days of the occurrence, one Kuldeep @ Manak son of Joginder Ram made a statement under Sec. 161 Cr.P.C before the police and he has been nominated as an accused in this case. Also contends that after investigation, report under Sec. 173 Cr.P.C has already been submitted and charges are yet to be framed and as such the trial will take long time to conclude.

(3.) Learned State Counsel, on instructions from SI Sewa Singh, has opposed the bail application and submitted that petitioner is already an accused in FIR No.147 dtd. 16/3/2003, under Ss. 397/395 and 411 IPC, registered at Police Station Hoshiarpur. Heard both sides and perused the paper book.