Jaswinder Singh vs State of Punjab

Rekha Mittal, J.—The petitioner prays for grant of regular bail in case FIR No. 18 dated 09.02.2012 for offence punishable under Sections 364A, 384 and 34 of Indian Penal Code, registered at Police Station City Kotkapura, District Faridkot. Counsel for the petitioner contends that the petitioner is in custody since 19.03.2012 and the complaint and alleged eye witness Gurmail Singh, father of Mandeep Singh are residing in Canada for the last about one year, therefore, they are not coming forward to depose in pending trial. It is further submitted that Mandeep Singh and Gurmail Singh furnished their affidavits that un-named person who accompanied the named accused is Raghbir Singh and not the present petitioner. The Court of Sessions Judge received the affidavits to that effect, but still declined the prayer of the petitioner for grant of bail.

Counsel for the State has conceded to the position that the complainant and the alleged eye witness are residing in Canada, therefore, they could not be examined during trial. It is further submitted that four witnesses have already been examined and the trial cannot be brought to its logical ends, without examination of complainant Man-deep Singh and his father Gurmail Singh.

The petitioner is in custody for the last about two years. The trial is not progressing further for want of availability of the material witnesses, who admittedly are residing in Canada. The petitioner has appended affidavits of Mandeep Singh and Gurmail Singh that the petitioner is not the fourth accused, stated to be an unidentified person. Without commenting on the merits of the controversy, the petitioner is allowed bail subject to his furnishing bail bonds to the satisfaction of the trial Court. However, he shall abide by the following terms and conditions:--

(i) he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; and

(ii) he shall not leave India without the previous permission of the Court.

Disposed of accordingly.