Jit Singh vs Labh Singh

H.S. Bedi, J.

This application for bail on behalf of the petitioners came up for hearing before me on 5th June, 1995 and in the course of the hearing I found that the orders granting bail to the coaccused of the petitioners passed by the Additional Sessions Judge, Ludhiana, on 15th May and 7th June, 1993 were not in order and required to be set aside. Notice for cancellation of bail was accordingly issued to Swaran Singh, Lachhman Singh, Zora Singh, Santa Singh and Damman Singh, who had been granted bail under the aforesaid orders. Notices have been served and they are represented by Mr. D.S. Bali, learned Senior Advocate.

The Additional Sessions Judge, Ludhiana, vide orders dated 15th May and 7th June, 1993 has released the aforesaid five persons on bail despite noticing the fact that a very large number of injuries had been suffered by the deceased as also the prosecution witnesses by merely stating that no case under Section 149 of the Indian Penal Code was discernible at that stage as that matter was required to be gone into at the time of the trial. I have gone through the FIR and also the complaint that has been filed subsequent thereto and find that the assertion of the trial Court is totally unwarranted. As per the allegations, all the five accused mentioned alongwith others did cause injuries either to the deceased or to the injured witnesses in furtherance of their common object as would be evident from the fact that they came out duly armed for the purpose. The trial Court was, therefore, totally unjustified in releasing the five persons on bail.

Mr. D.S. Bali, learned counsel appearing on behalf of these accused, has urged that as these accused had been released on bail way back in 1993 and as the trial was at an advanced stage and as they had not interfered in the course of the investigation, the reasonable view was that they should not be sent in at this stage. This argument of the learned counsel is to be rejected for the simple reason that the orders which are palpably wrong cannot become acceptable with the passage of time. It is accordingly ordered that the bail granted to Swaran Singh, Lachhman Singh, Zora Singh, Santa Singh and Daman Singh is cancelled and they are directed to be taken into custody forthwith. A direction is also issued to the trial court that till such time these accused are taken into custody, the trial will not proceed.

I have gone through the application for bail moved by the present petitioners also. In the light of the facts of this case, no cause for interference in the court's order is made out. Dismissed.