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2018 DIGILAW 1818 (PNJ)

Satwinder Singh v. State of Punjab

2018-04-20

MAHABIR SINGH SINDHU

body2018
JUDGMENT : MAHABIR SINGH SINDHU, J. 1. The present petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.58 dated 09.07.2013, registered under Sections 420 and 406 of the Indian Penal Code, registered at Police Station Begowal, District Kapurthala. 2. It is contended by learned Counsel for the petitioner that co-accused/mother of the petitioner, namely, Balwinder Kaur has already been acquitted by the learned Judicial Magistrate 1st Class, Kapurthala, vide judgment dated 02.02.2018 (Annexure P-2). It is further contended that the petitioner is in custody since 27.10.2017. It is further contended that the charges were framed on 05.01.2018 and out of total 13 prosecution witnesses, only 03 have been examined till date. 3. The above factual position is not disputed by learned State Counsel, on instructions from H.C. Gurnam Singh, P.S. Begowal, Kapurthala. 4. In view of the fact that the co-accused/mother of the petitioner, namely, Balwinder Kaur has already been acquitted by the learned Judicial Magistrate 1st Class, Kapurthala and out of 13 prosecution witnesses, only 03 have been examined till date and the petitioner is in custody since 27.10.2017. No useful purpose would be served by keeping the petitioner behind the bars and thus, it would be just and appropriate if the concession of bail is granted to the petitioner. Therefore, this petition is accepted and petitioner-Satwinder Singh is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of learned trial Court.