YADWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Application for grant of bail of Yadwinder Singh has been pressed mainly on the grounds that he was not named in the first information report and that it was only after about two months that he was named as an accused in this case. No specific part has been attributed to him. It has been submitted that Jagpal Singh the co-accused of the petitioner who is stated to have given a Kulhari blow on the head of the deceased was granted bail by the Sessions Judge.

(2.) This application has been opposed on behalf of the State on the ground that six of the co-accused of the petitioner were definitely named in the first information report which was lodged by the brother of the deceased. It was also mentioned that apart from the accused who were specifically named, there were two more persons accompanying the accused party which came in a jeep and abducted Manjit Singh while he was making purchases in Mansa Mandi. Before the jeep was actually driven away by Baldev Singh, Jagpal Singh the co-accused of the petitioner gave a Kulhari blow on the head of Manjit Singh deceased whereas Santa Singh gave a Gandasa blow on the face of Manjit Singh. Investigation revealed that all the accused were responsible for taking away Manjit Singh injured in the jeep. Subsequently, Maghar Singh and Naib Singh PWs who pursued the jeep in which the accused party had taken away Manjit Singh deceased, actually saw the accuded party throwing away the deadbody on the main road near Bus Stand, Mansa. The main occurrence, according to the prosecution has taken place in the broad day-light in the main bazar and Jagpal Singh was granted bail by the Sessions Judge because he was an M.A. student.

(3.) Without expressing any opinion concerning the merits of the case, I do not find it a fit case for grant of bail to the petitioner at this stage. The application is accordingly declined. The prosecution, however, is directed to present the challan in the committing Court within a fortnight.