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2018 Supreme(P&H) 623

MAHABIR SINGH SINDHU
Jaswinder Singh @ Jassa – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Arun Takhi
For the Respondent: Mr. Harbir Sandhu

JUDGMENT :

Mahabir Singh Sindhu, J.

The present petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.78 dated 28.07.2014 (P-1), registered under Sections 323, 324, 326, 34 of the Indian Penal Code, registered at Police Station City Nawanshahr, District Shaheed Bhagat Singh Nagar.

2. It is contended by learned Counsel for the petitioner that the petitioner is in custody since 30.12.2017 and the co-accused Kulwinder Singh @ Garhus has already been acquitted by learned trial Court, vide judgment dated 08.08.2017 (P-2). It is further contended that although the petitioner was declared as proclaimed offender on 19.03.2016 but since he has joined the proceedings.

3. The above factual position is not disputed by learned State Counsel, on instructions from HC Joginderpal.

4. In view of the fact that the co-accused, against whom the allegations are the same to the petitioner, has already been acquitted by learned trial Court on 08.08.2017 and the petitioner is in custody since 30.12.2017 and investigation in this case is already completed. No useful purpose would be served by keeping the petitioner behind the bars



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