BALDEV SINGH,J - (1.) MANOHAR Singh has filed this petition under Section 439 of the Code of Criminal Procedure for granting him bail in case FIR No. 134 dated 13.4.2005 under Sections 302/201 read with Section 149 of the Indian Penal Code registered at Police Station Sadar Jalalabad, District Ferozepur.
(2.) THE occurrence took place in this case on 19.3.2005. Tara Singh, father of deceased Desa Singh, got this case registered on 13.4.2005. He, in his application, alleged that deceased Desa Singh was his son aged about 25 years. He was having illicit relations with Soma Bai (also accused in this case). Kala Singh and Gurnam Singh (also accused in the case) are brothers of Soma Bai. Bishan Singh (also accused in the case) is father-in-law of said Soma Bai. Jassa Singh, Monohar Singh and Gurdeep Singh (also accused in the case) are relatives of Soma Bai. All these accused knew about the illicit relations of Desa Singh with Soma Bai and they had grudge with him on that account. On 19.3.2005, Desa Singh was sleeping at his house along with his younger brother Ramesh Singh, who is deaf and dumb. Ramesh Singh disclosed to Tara Singh (complainant) in the morning at about 5 a.m. that Desa Singh was lying dead. Tara Singh in his complaint made before the police disclosed that the accused-persons came to his house at about 3 a.m. and they murdered Desa Singh by pressing his neck and private parts. Tara Singh (complainant) alleged in his complaint that all the accused threatened him with dire consequences and so, instead of cremating Desa Singh in the cremation ground, he performed the cremation on a canal and it was proclaimed that Desa Singh had committed suicide. The sole eye-witness in this case is Ramesh Singh, younger brother of Desa Singh (deceased). Said Ramesh Singh is deaf and dumb boy. He even did not see any of the accused committing the murder of Desa Singh. Occurrence had taken place on 19.3.2005 and the FIR was lodged on 13.4.2005. The petitioner is not related to Soma Bai, with whom motive is attached for the murder of Desa Singh. No post-mortem examination was conducted on the dead body of Desa Singh. He was cremated without raising any protest by Tara Singh, father of the deceased, who later on got this case registered. The sole piece of evidence with the prosecution against the petitioner and other co-accused is an extra-judicial confession made on 21.4.2005 before Shankar Singh, Sarpanch. It is an extra-judicial confession made jointly by all the seven accused in this case. It is weak evidence which by itself may not be sufficient to base conviction in the case. Two parts of a rope were allegedly recovered. It is also a circumstantial evidence. One part was shown to have been recovered from Kala Singh (co-accused) and the other part was shown recovered from Gurnam Singh (co-accused). Nothing incriminating was recovered from the petitioner. He is in custody since 21.4.2005. Trial of the case would take sufficient long time for its conclusion.
(3.) IN the above-discussed facts and circumstances of the case, it is a fit case in which the accused-petitioner is entitled for the concession of bail. This petition is, therefore, allowed and the petitioner is admitted to bail. He shall execute bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Ferozepure, who shall issue the release orders. Petition allowed.;