Karaj Singh vs State of Punjab

Alok Singh, J.—This is a petition seeking regular bail in case FIR No. 87 dated 29.06.2010, under Sections 307 of the Indian Penal Code, registered at Police Station Makhu, District Ferozepur.

Learned Counsel for the Petitioner has stated that the only allegation against the Petitioner is that he has pushed the complainant into Rajasthan Feeder Canal with intend to kill him. Learned Counsel further states that Petitioner is in custody w.e.f. 03.07.2010. As per learned Counsel for the Petitioner, after investigation, challan has already been submitted.

Mr. K.D. Sachdeva, Additional Advocate General, Punjab, on the instructions of Investigating Officer, states that Investigating Officer is not in a position even after perusal of the case diary to state that as to whether victim was ever medically examined.

Petitioner is in custody w.e.f. 03.07.2010.

Hon''ble Apex Court in the matter of State of Kerala v. Raneef reported in 2011(1) R.C.R. 381 has held that in the event of rejection of the bail application, time spent in jail during the trial cannot be restored to the accused-Petitioner, if accused-Petitioner is ultimately acquitted.

Considering the totality of the facts and circumstances of the case, present petition is allowed. Let, Petitioner be released on bail to the satisfaction of the learned Trial Court.