T.P.S.MANN, J. - (1.) THE petitioner has prayed for his release on bail during the pendency of a criminal case arising out of FIR No. 20 dated 25.8.2006 registered at Police Station City, Sunam, District Sangrur under Sections 302/307/341/3261324/323/ 148/149/120-B IPC.
(2.) THE occurrence in question had taken place on 24.8.2006 at 4.30 P.M., wherein Jaspal Singh @ Jassi and Jasvir Singh received injuries. Both of the victims were removed to the Civil Hospital, Sunam, but as their condition was serious, they were further referred to DMC, Ludhiana, where Jaspal Singh @ Jassi was declared dead. FIR was registered on the basis of a statement made by Manjit Singh, brother of Jaspal Singh @ Jassi deceased. It was alleged that the petitioner was armed with a kirpan and had given a blow with the same hitting Jaspal Singh @ Jassi, since deceased, on his left shoulder. Injuries were also caused by other accused to both the victims. Learned counsel for the petitioner had submitted that after a thorough investigation of the case, the investigating agency found the petitioner to be innocent. Accordingly, his name was proposed to be placed in column No. 2 of the challan. However, by that time, the petitioner had already been arrested. Once the petitioner was found innocent, no request was made by the investigating agency for the extension of the judicial remand of the petitioner. However, after the presentation of the final report under section 173 Cr.P.C. against other accused, the said accused were committed to the Court of Session for their trial. Even the learned Illaqa Magistrate had no power to add the petitioner to the case as, an accused, as the investigating agency never intended to challan the petitioner. Now, after the commitment of the case, the trial of the case has not yet started and therefore, no useful purpose would be served by keeping the petitioner behind the bars. Accordingly, prayer has been made for the concession of bail to the petitioner.
(3.) LEARNED counsel appearing for the State and the complainant opposed the prayer of the petitioner for the grant of bail by submitting that the petitioner was specifically named as one of the accused, who had given an injury to Jaspal Singh @ Jassi deceased. Moreover, learned Illaqa Magistrate vide order dated 6.1.2007 committed the case for trial to the Court of Session. The law recognises commitment of the case and not of the accused, therefore, the petitioner had been rightly arrayed as one of the accused and has now to face the trial before the Court of Session.;