Crl. Misc. No. M-27516 of 2011(O&M) -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-27516 of 2011(O&M) Date of Decision: October 14, 2011 Jagdeep Singh @ Bittu ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MR. JUSTICE GURDEV SINGH *** Present: Mr. Sandeep Arora, Advocate, for the petitioner *** Gurdev Singh, J. Crl. Misc. Nos. 55415-16 of 2011 Heard. C.Ms. are allowed subject to all just exceptions. Annexure P-6 is taken on the record. Crl. Misc. No. M-27516 of 2011 The petitioner-accused, Jagdeep Singh @ Bittu, has filed this petition under Section 439 of the Code of Criminal Procedure (hereinafter referred to as “Cr.P.C.”) for the grant of regular bail for the offences under Sections 302, 307, 341/ 149 and 148 IPC in respect of which FIR No. 38 Crl. Misc. No. M-27516 of 2011(O&M) -2- dated 30.4.2007 was registered in Police Station Sudhar, District Ludhiana, and for which he is standing his rial before the trial court at Ludhiana. He has narrated in the petition that during the trial, the prosecution moved an application under Section 319 Cr.P.C. for summoning the other accused, mentioned in he FIR, which was dismissed by the trial court and Revision Petition No. 556 of 2009 was filed against that order before this Court, in which the passing of the final order was stayed. Thereafter, the trial court completed the prosecution evidence and recorded his statement under Section 313 Cr.P.C. Now, the case is at its final stage but the final order order was not pronounced, as the passing of such order was stayed by this Court. In fact, the complainant did not appear to be present at the spot at the time of the alleged occurrence and false case was got registered by him against him and others. He was arrested on 2.5.2007 and since then he is coming in custody. He also pleaded his innocence in the petition. It was on the basis of the detailed version given by Nirbhai Singh, complainant, that the FIR was registered against the present petitioner and others. According to the complainant, this petitioner had given a gandasa blow on the right side of the head of Shaminder Singh- deceased. As per the documents placed on the record, the petitioner was charged for the offence under Section 302 IPC. As per the role attributed to him, his injury also contributed towards the death of the deceased. As per the prosecution version, the deceased was attacked by a number of persons, who were forming unlawful assembly. According to the petitioner himself, the prosecution evidence has already been recorded and his statement has also been recorded under Section 313 Cr.P.C. It is very much clear from the order passed by Hon'ble the Supreme Court that only the operation of the Crl. Misc. No. M-27516 of 2011(O&M) -3- order passed under Section 319 Cr.P.C., summoning the additional accused, which has been stayed and not the trial. The trial court is to proceed with the trial so far as those accused are concerned who are already standing their trial. Mere detention of the petitioner for a period of four years during the trial could not be a ground for releasing him on bail keeping in view the role attributed to him. There is no merit in this petition and the same is hereby dismissed. (GURDEV SINGH) JUDGE October 14, 2011 PARAMJIT