Gurmail Singh @ Mela vs State of Punjab

Satish Kumar Mittal, J.—Petitioner Gurmail Singh @ Mela has filed this petition u/s 439 Code of Criminal Procedure for grant of regular bail in case FIR No. 93 dated 26.8.2003 registered under Sections 380/411 IPC at Police Station Kotwali, Nabha.

I have heard the counsel for the parties and gone through the contents of the FIR.

In the aforesaid case which is to be tried by the Magistrate, the Petitioner is in custody since 1.9.2006. Earlier, he was declared proclaimed offender. Counsel for the Petitioner contends that co-accused of the Petitioner, namely, Makhan Singh, from whom the recovery was made, has already been convicted. Counsel contends that as far as the Petitioner is concerned, there is no evidence except the statement of the co-accused that the Petitioner was also accompanying him at the time of the alleged theft. No recovery was effected from the Petitioner.

In this case, after the supplementary challan though charge-sheet has been presented, but till date not a single prosecution witness has been examined. The trial is not going to conclude soon.

Keeping in view the aforesaid facts, without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the Petitioner, and he is accordingly ordered to be released on bail to the satisfaction of the trial Court.