JUDGMENT

Anupinder Singh Grewal, J. (Oral) - The petitioner is seeking regular bail in FIR No.RCCHG0012018S0005 dated 15.10.2018, under Section 25 of the Arms Act, 1959 and Sections 302, 34 IPC, registered at Police Station CBI SCB, Chandigarh (Annexure P-2) originally registered at Police Station Dabwali, District Sirsa as FIR No.15 dated 12.01.2017, under Sections 148, 149, 302, 307, 120-B, 212, 506 IPC and Sections 25/54 of the Arms Act, 1959.

2. Learned counsel for the petitioner contends that the petitioner is not named in the FIR and has been arraigned as an accused on the basis of extra judicial confession of co-accused Sukhwinder @ Minda and Mukh Ram who have been released on bail. She also submits that the allegations against the petitioner are that he had conspired with the other accused in getting the deceased killed while he was in custody in another case when the alleged incident took place. She also contends that the co-accused Ravinder had been granted regular bail by the coordinate Bench of this Court in CRM-M-31736-2020 on 10.11.2020 while co-accused Mukh Ram @ Kalu has been granted interim bail by the coordinate Bench of this Court in CRM-M-31682-2017 on 10.11.2020. She further contends that the co-accused Ravinder was also involved in other criminal cases and he had been in custody for over 3 years when he had been granted regular bail. The petitioner is in custody for over 5 years and 3 months and the trial is not making any headway. The petitioner is 50 years old and only 5 out of 129 prosecution witnesses have been examined and it would take a while for the trial to be concluded.

3. Learned counsel for the CBI submits that one of the persons who were killed in the incident was a member of the Lawrence Bishnoi gang, the petitioner himself has criminal antecedents and he should not be granted the concession of regular bail. He also submits that the petitioner was also involved in two other cases pertaining to use of mobile phone while he was in jail. He also submits that 5 out 129 prosecution witnesses have been examined and efforts would be made to examine the remaining prosecution witnesses expeditiously.

4. Heard.

5. The petitioner is not named in the FIR. He has been arraigned as an accused on the extra judicial confession of co-accused Sukhwinder @ Minda and Mukh Ram. The allegations against the petitioner are that he had hatched a criminal conspiracy to kill Amit Saharan and Ravinder Bishnoi and in pursuance to the conspiracy they had killed Amit Saharan and Satbir. The petitioner was in jail when the incident took place. Only 5 out of 129 prosecution witnesses have been examined.

6. Without expressing any opinion on the merits of the case, in view of the above, especially when the petitioner, who is 50 years old, is in custody for over 5 years and 3 months, co-accused have been granted regular bail and the conclusion of the trial is likely to take some time, I deem it a fit case to grant the concession of regular bail to the petitioner.

7. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

8. At the time of release of the petitioner, SHO, Police Station Sadar Dabwali shall be informed. The petitioner shall furnish his mobile number to the SHO and shall keep his mobile's location on till the conclusion of the trial. He shall also appear in the police station on every Monday till the conclusion of the trial.