Baba Barmanand @ Baba Khichi vs State of Punjab

Naresh Kumar Sanghi, J.—Prayer in this petition is for grant of regular bail to petitioner, Baba Barmanand @ Baba Khichi who has been booked for having committed the offence punishable u/s 304 read with Section 34, IPC, in a case arising out of FIR No. 53, dated 12.04.2011, registered at Police Station, City Sri Muktsar Sahib. Learned counsel for the petitioner contends that concededly the petitioner has been charged for the offence punishable u/s 304, IPC; that the petitioner has suffered incarceration for two years and five months; that an application u/s 319, Cr.P.C. was presented by the complainant/prosecution for summoning of the additional accused to face trial along with the petitioner, the same was allowed and now the additional accused have been summoned, therefore, the petitioner has to face denovo trial along with the newly added accused. He further contends that the petitioner, aged about 60 years, is neither required nor involved in any other case.

Learned counsel for the State, on instructions from ASI Jaljit Singh, Police Station, City, Sri Muktsar Sahib, very fairly concedes that the charges for the offence punishable u/s 304, IPC, has been framed against the petitioner. The allegation against the petitioner are that he caused injury on the head of the deceased for removing the ill-spirit. However, he has not controverted the submissions that the additional accused have been summoned u/s 319, Cr.P.C. to face trial and as such, the petitioner has to face denovo trial. He concedes that the petitioner is behind the bars from 20.06.2011.

I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.

Concededly, the petitioner has been charged for the offence punishable u/s 304, IPC. The petitioner, aged about 60 years, is neither required nor involved in any other case. He has suffered incarceration for two years and approximately five months. The conclusion of the trial would taken sufficient long time. Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed. Petitioner-Baba Barmanand @ Baba Khichi son of Prabh Dayal, r/o Goneana Road, Gali No. 9, Sri Muktsar Sahib, is ordered to be released on bail during the pendency of the trial of the present case subject to his furnishing bail bond to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Sri Muktsar Sahib.