Taswar Ali vs State of Punjab

Ram Chand Gupta, J.—The present petition filed u/s 439 Cr.P.C. is for grant of bail to the petitioner in case FIR No. 74, dated 21.4.2011, under Sections 302, 307, 148, 149 IPC, registered at Police Station City Khanna, District Khanna. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Ludhiana, vide which application filed on behalf of the present petitioner for bail was dismissed.

This is second petition for bail filed on behalf of the petitioner-accused. His earlier petition for bail was got dismissed as withdrawn vide order dated 25.2.2012 passed in Crl.M. No. M-2920 of 2012.

Brief allegations are that petitioner alongwith co-accused attacked Soma Singh and Manjit Kaur. Petitioner alongwith co-accused Mohd. Akil exhorted other accused whereupon co-accused Dilbagh Ali and Jeet Khan poured kerosene oil on the person of Soma Singh and Manjit Kaur and then present petitioner-accused alongwith co-accused set them on fire. Both the injured were shifted to Civil Hospital Khanna from where they were further referred to Rajindera Hospital, Patiala, where Soma Singh succumbed to the injuries.

Hence, in view of serious allegations against petitioner-accused, he is not entitled for bail. Without expressing any opinion on the merits of the case, the present petition filed by petitioner-Taswar Ali for grant of bail is, hereby, dismissed being devoid of any merit.

However, it has been stated by learned counsel for the petitioner-accused that trial has not been concluded so far despite the fact that petitioner has been continuing in custody since April 2011.

Hence, learned trial Court is directed to expedite the trial by giving short adjournments taking into consideration the custody period of the accused. Registry is directed to send copy of this order to learned trial Court for strict compliance. Progress report of the case be also called for.