JASJIT SINGH BEDI
Akbar Khan @ Akku – Appellant
Versus
State of Punjab – Respondent
JASJIT SINGH BEDI, J.
The prayer in the present petition under Section 439 Cr.P.C. is for the grant of regular bail in case bearing FIR No.03 dated 06.01.2022 registered under Sections 302, 120-B, 201, 148, 149 IPC, 1860 at Police Station Sadar Mansa, District Mansa.
2. The present FIR came to be registered at the instance of Buta Singh son of Inderjit Singh who stated that he was an agriculturalist and a pharmacist. Jaswinder Kaur, the real aunt of his wife Amandeep Kaur was married to Jarnail Singh son of Natha Singh. She had three sons namely, Jagsir Singh @ Buta, Gurdarshan Singh @ Darsi and Kulwinder Singh @ Kakka. Gurdarshan Singh @ Darsi had died 11 months earlier. Jagsir Singh @ Buta and his mother Jaswinder Kaur were residing in their residential house constructed in their fields at Village Moosa. His brother Kulwinder Singh alias Kakka was residing at Mansa for the last 7/8 years at his residential house. Jagsir Singh @ Buta was of the age of 40 years and was unmarried. On the date of the occurrence at about 09.00 AM when he (complainant) was present at his house, then Jasveer Singh alias Kala son of Naib Singh telephonically informed him that one Labh Kaur wife of Babbu Si
The decision highlighted the importance of supporting evidence from key witnesses and considered the accused's status as a first-time offender in granting bail.
The court granted bail due to prolonged custody and lack of specific allegations against the petitioner, emphasizing that unnecessary incarceration should be avoided.
The court emphasized that the accused's further incarceration was not required as the veracity of the allegations would be determined during the trial.
The court considered the nature of injuries, absence of weapons, and the petitioner's young age and first-time offender status in granting bail.
Bail granted on account of prolonged custody and lack of witness examination, emphasizing fair trial rights.
The main legal point established is that weak evidence, such as an extra judicial confession and non-incriminating call records, along with the petitioner's age and time spent in custody, can influen....
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