Research › Search › Judgment

Punjab High Court · body

2012 DIGILAW 1417 (PNJ)

Waryam Singh v. State of Punjab

2012-10-06

RAM CHAND GUPTA

body2012
JUDGMENT Mr. Ram Chand Gupta, J.: (Oral) - This is an application for regular bail filed under Section 439 of Code of Criminal Procedure in FIR no. 17 dated 12.02.2012, under Sections 302/120B IPC, registered at police station Chheharta, District Amritsar. 2. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Sessions Judge, Amritsar dismissing bail application filed on behalf of the petitioner. 3. It has been contended by learned counsel for petitioner-accused that immediately after the occurrence complaint, Annexure P1 was lodged by complainant -Baldev Singh i.e. father of deceased in which he did not name anybody as accused and rather he stated that he is having no doubt on anybody for death of his son. It is further submitted that however, after about 4-1/2 months of the occurrence, the present FIR was lodged giving different version and stated that initially his deceased son was having relation with co-accused -Poonam and thereafter, son of present petitioner namely, Sonu Saleda also developed relation with her and hence, his son was called at the house of Poonam by son of present petitioner and some poisonous substance was given by Poonam and son of present petitioner to his son. It is further contended that even as per subsequent version, no role has been attributed to present petitioner for allegedly giving poison to son of complainant and that he has been falsely implicated in this case only on the plea that he is father of co-accused, Sonu Saleda. It is further contended that he has been continuing in custody since 13.02.2012 and that though some witnesses have been examined and however, trial is not likely to be concluded in near future. 4. These facts have not been disputed by learned counsel for the State, on instruction from HC Rakesh Kumar. 5. Only allegation made against present petitioner is that he was in connivance with his son who had committed murder of son of complainant. 6. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. 7. Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Waryam Singh is allowed. 8. 7. Hence, keeping in view these facts and without expressing any opinion on merits, the instant application for regular bail filed on behalf of Waryam Singh is allowed. 8. Bail to the satisfaction of CJM/Duty Magistrate, Amritsar.