CRM-M No. 24583 of 2011
****
Baljinder Singh alias Gogi and another vs. State of Punjab
Present: Mr. Vivek Goel , Advocate
for the petitioners.
Mr. S.S.Gill, DAG, Punjab.
Mr. K.S.Sidhu, Advocate
for the complainant.
**** .
Learned counsel for the petitioners relies upon the order dated
08.08.2011 passed in CRM-M No. 21594 of 2011 in the case of co-accused
which was in the following terms:-
” This petition has been filed under Section 439 Cr.P.C.
for grant of regular bail to the petitioner in case bearing FIR
No. 116 dated 27.06.2009 registered under Sections 302, 148,
149, 120-B, 34 IPC at Police Station Bagha Purana, District
Moga.
Learned counsel for the petitioner has relied upon the
order dated 27.05.2011 passed in CRM-M No. 7289 of 2010 to
contend that the similarly situated co-accused have been
granted bail.
Learned Deputy Advocate General, on instructions from
ASI Gurpal Singh, has accepted these factual assertions.
Learned counsel for the complainant has, however,
argued that it is a case where a young man was brutally killed
and there is a last seen evidence of the petitioner with the said
deceased. He has further argued that the prosecution evidence
is complete and in case bail is granted the petitioner would
have the incentive to delay the trial.
Learned counsel for the petitioner has accepted that the
prosecution evidence has been concluded.
Be that as it may, once it is not denied that similarly
situated co-accused have been granted bail., it would be
CRM-M No. 24583 of 2011 -2-difficult for this Court to treat the petitioner unequally.
In the circumstances, I deem it appropriate to release the
petitioner on regular bail to the satisfaction of the trial
Court/Duty Magistrate.
Ordered accordingly.
The trial Court is directed to conclude the trial on or
before 15.06.2012.
Petition stands disposed of.”
Learned counsel for the complainant has stated that after this
order the petitioners and the other accused have become very lax in
producing the defence evidence. Learned counsel for the petitioners has
stated that he would have no objection if a caveat is entered that in case the
trial is not concluded up to the date fixed due to any inaction of the accused
persons, their bail may be liable to be cancelled. With this further caveat I
allow this petition.
Bail to the satisfaction of the Chief Judicial Magistrate/Duty
Magistrate, Moga.
( AJAY TEWARI )
JUDGE
September 16, 2011
sunita