Alok Singh, J. (Oral)

1. This is an application under Section 439 Cr.P.C. seeking regular bail in a case FIR No. 158 dated 25.9.2010 under Sections 323, 324, 326, 307, 452, 148, 149 IPC registered at Police Station Sultanpur Lodhi, District Kapurthala.

2. Learned counsel for the petitioner has vehemently argued that neither in FIR nor in the statement recorded under Section 161 Cr.P.C. it has been mentioned that petitioner-accused has caused any grievous injury with intention to kill the injured. Learned counsel for the petitioner has further argued that to constitute an offence under Section 307 IPC mens rea i.e. intention to kill is to be seen. Learned counsel has further argued that Section 307 IPC should not be attracted simply because injuries are found to be grievous in nature in the absence of any intention to kill. Learned counsel has further argued that although it is still debatable as to whether petitioner has ever caused any injury. However, since challan has been submitted against the petitioner, therefore, there is no likelihood of tempering with the evidence.

3. Ms. Bhavna Gupta, DAG Punjab on the instructions of HC Manjit Singh opposed the bail application on the ground that on the body of the injured grievous injuries were found, hence, Section 307 IPC was rightly attracted. She has further argued that since coaccused has not appeared and has been declared Proclaimed Offender, hence, petitioner should not be enlarged on bail.

4. Learned counsel for the accused has stated that if one of the co-accused was declared Proclaimed Offender then his trial can be segregated, however, this is no ground to decline the bail to the accused who is in judicial custody, if other grounds to enlarge him on bail are available.

5. Without expressing any opinion on the merits of the case, present petition is allowed. Let petitioner be released on bail to the satisfaction of learned trial Court.

Petition allowed.