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Judgment
Mehinder Singh Sullar, J.—Petitioners Shibban and his father Ragghan son of Harpal Singh, have directed the instant petition for the grant of concession of regular bail, in a criminal case instituted against them in the wake of private complaint by complainant Govind son of Bir Singh (respondent No. 2), in which, they were summoned to face the trial for the commission of offences punishable u/ss 302 and 201 read with section 34 IPC, vide summoning order dated 13.5.2013 (Annexure P2) by the Magistrate.
Notice of the petition was issued to the respondents.
After hearing the learned counsel for the parties, going through the record with their valuable help and considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this regard.
What cannot possibly be disputed here is that the complainant had earlier reported the matter and the police found the allegations contained in the complaint to be false. Thereafter, the complainant has filed the instant private complaint (Annexure P1). The dead body of Padam Singh son of Bir Singh was recovered on 3.5.2010 and it was claimed that the accused committed his murder by administering some poisonous substance on account of some money transaction/dispute. There is no direct evidence on record against the petitioners.
Moreover, in pursuance of summoning order, the petitioners have themselves surrendered on 15.11.2013 in the Court. Since then, they are in judicial custody and no useful purpose would be served to further detain them in jail. There is no history of their previous involvement in any other criminal case. The final conclusion of trial in a private complaint will naturally take a long time.
In the light of aforesaid reasons, taking into consideration the totality of the facts & circumstances, emanating from the record, as depicted here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, the instant petition for regular bail is hereby accepted. The petitioners are ordered to be released on bail on their furnishing adequate bail and surety bonds to the satisfaction of the trial Court.
Needless to mention that nothing observed, here-in-above, would reflect on the merits of the main case, in any manner, as the same has been so recorded for the limited purpose of deciding the present petition for regular bail only.