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2014 DIGILAW 1227 (PNJ)

Lalla v. State of Punjab

2014-08-26

MEHINDER SINGH SULLAR

body2014
JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral) - As, identical points for consideration to grant the concession of regular bail to the petitioners or otherwise, are involved, therefore, I propose to decide the above indicated petitions, arising out of the same FIR/case, by means of this common order, to avoid the repetition of facts. 2. The petitioners have preferred the instant separate petitions for the grant of regular bail, in a case registered against them along with their other main co-accused, namely, Baja Khan, Guljar Khan, Sardar Khan and others, vide FIR No.147 dated 13.11.2013, on accusation of having committed the offences punishable under Sections 302, 307, 325, 323, 341, 148, 149 IPC, by the police of Police Station Ahmedgarh, District Sangrur. 3. Notices of the petitions were issued to the State. 4. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petitions for regular bail deserve to be accepted in this context. 5. Concisely, the prosecution claimed that on 13.11.2013, the petitioners and their other co-accused caused injuries, culminating into the death of Riaz Khan(deceased). As per post-mortem report(Annexure P-3), only three injuries were detected, which were allegedly attributed to fourteen persons in the FIR. Meaning thereby, fourteen persons were named as an accused for causing only three injuries on the person of the deceased. Not only that, all the main and specific injuries on the person of the deceased, are assigned to main accused Baja Khan, Guljar Khan and Sardar Khan(non-petitioners). In that eventuality, the possibility of false implication of the petitioners in this case, cannot be ruled out, at this stage. The mere fact that accused Sardar Khan was not arrested, ipso facto, is not a ground, much less cogent, to deny the concession of regular bail to the petitioners, as contrary urged on behalf of the complainant. 6. Moreover, it is not a matter of dispute that during the course of investigation, petitioners-Lalla and Raju Khan were found innocent and were exonerated by the police. They were subsequently summoned to face trial as an additional accused under Section 193 Cr.P.C. by the trial Court. They themselves surrendered in the Court on 26.05.2014, whereas petitioner-Anwar Khan was arrested in this case on 27.11.2013. They were subsequently summoned to face trial as an additional accused under Section 193 Cr.P.C. by the trial Court. They themselves surrendered in the Court on 26.05.2014, whereas petitioner-Anwar Khan was arrested in this case on 27.11.2013. Since then they are in judicial custody and no useful purpose would be served to further detain them in jail. There is no history of their previous involvement in any other criminal case. Since, not even a single witness has yet been examined by the prosecution, so, the final conclusion of trial will naturally take a long time. 7. In the light of aforesaid reasons, taking into consideration the totality of facts & circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petitions for regular bail are hereby accepted. The petitioners are ordered to be released on bail on their furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits in the trial of the case, as the same has been so recorded for a limited purpose of deciding the present petitions for regular bail. ---------0.B.S.0------------ —————————