DEVINDER SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) HEARD counsel. According to the prosecution, the 3rd respondent had used a fire arm and caused injuries to a witness and has been charged under Section 307 of the Indian Penal Code. So far as 4th respondent is concerned, though it is alleged that he used .12 bore gun, admittedly, he had not caused any injury to any person. Only raising of lalkara is attributed to 5th respondent-Beant Singh. The respondent Nos. 1 and 2 are said to have instigated the other accused to commit the crime. The learned counsel for the petitioner contends that the accused armed with firearms fired 27, ground killed one and injured two, and taking into consideration the fact that this heinous crime was committed in furtherance of the common intention the bail granted to respondents herein should be cancelled. According to the learned counsel for the petitioner, there are no grounds for granting bail to them.

(2.) ANOTHER ground alleged by the petitioner is that as against the first respondent Kalendra has been filed under Section 107/151 of the Code of Criminal Procedure, and another Kalendra was filed against respondents 2 and 3 under the same sections. Learned counsel for the petitioner relied upon these two incidents also, to cancel the bail. But I am unable to accept either of these contentions raised by the learned counsel for the petitioner. The case of the prosecution with reference to each accused has been considered and the respondents 1 and 2 have been granted bail taking into consideration the over act attributed or the non-attribution of any overt act as far as they are concerned. The two kalendras have no connection with the offence in question.

(3.) FURTHER I am also informed that all the prosecution witnesses have been examined except a formal witness (Police Officer). The fact that the petitioners have been on bail for more than one year is also an additional factor to be taken into consideration. Therefore, this petition is dismissed. However, the trial Court will expedite the trial and dispose of the same bearing in mind the provisions of section 309 Cr.P.C. Petition dismissed.