Diwan Chand vs State of Punjab

Gurdev Singh, J.—Heard.

The Petitioner, Diwan Chand, has filed this petition u/s 439(1) of the Code of Criminal Procedure for the grant of regular bail in FIR No. 106 dated 28.8.2008 registered under Sections 302, 323, 324/148 and 149 IPC. This petition has been pressed on the ground that similarly situated accused; namely Banarsi Dass and Salamat Masih have already been allowed the benefit of regular bail by this Court, vide orders dated 12.1.2010 and that the present Petitioner cannot be discriminated against.

It has not been disputed by the State counsel that only one injury has been attributed to present Petitioner. He had given that injury with the help of knife on the back of the deceased. It is not the prosecution case that said blow was also fatal. Banarsi Dass accused has also been attributed injury which was not found on the vital part of the body. The case of the present Petitioner is similar to the case of that accused.

In order to maintain judicial uniformity and to prevent any type of discrimination, the Petitioner is ordered to be released on bail to the satisfaction of the trial court/Chief Judicial Magistrate, Amritsar, subject to the following conditions:

(i)He shall not offer any threat, promise or inducement to any person acquainted with the facts of the case so as to dissuade him from disclosing the same to the Investigating Officer/Court; and

(ii)He shall not leave the limits of this country without prior permission of the Court.