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2014 DIGILAW 1509 (PNJ)

Maninder Singh alias Manu v. State of Punjab

2014-11-10

MEHINDER SINGH SULLAR

body2014
JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral) - The petitioner has preferred the instant petition for the grant of concession of regular bail, in a case registered against him along with his other co-accused, namely, Rajesh Singh alias Chottu, Ravinder Kumar @ Vipan, Inderpal alias Bablu, Ajay Kumar, Gagandeep alias Happy etc. vide FIR No.144 dated 19.6.2013 (Annexure P1), on accusation of having committed the offences punishable under Sections 302, 380 and 120-B read with section 34 IPC by the police of Police Station Division No.8, Jalandhar. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration over the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this respect. 4. Precisely, the prosecution, inter-alia, claimed that on 19.06.2013, some unidentified persons entered the house and attacked complainant-Paramjeet Kaur and her husband Lehmbar Singh, culminating into his death. On instructions from the investigating officer, learned State Counsel, has fairly acknowledged that there is no direct evidence on record against the petitioner. The prosecution has only pressed into service the subsequently recorded statements of PWs Jiwan Verma(son) and Mukesh Chander(son-in-law) of the complainant, who were stated to have overheard the accused, regarding the commission of the offences, in question. In that eventuality, what is the evidentiary value, admissibility and acceptability of such indirect evidence, relatable to the case of the petitioner, inter alia, would be a moot point to be decided during the course of trial, after acceptance of evidence by the trial Court. 5. Be that as it may, the petitioner was arrested in this case on 23.06.2013. Since then he is in judicial custody and no useful purpose would be served to further detain him in jail. There is no history of his previous involvement in any other criminal case. The final conclusion of trial will naturally take a long time. Not only that, Gagandeep Singh, similarly situated co-accused of the petitioner, was granted the concession of regular bail, by way of order dated 30.07.2014, rendered in CRM No.M- 23235 of 2014 by a Coordinate Bench (Tejinder Singh Dhindsa, J.) of this Court. The final conclusion of trial will naturally take a long time. Not only that, Gagandeep Singh, similarly situated co-accused of the petitioner, was granted the concession of regular bail, by way of order dated 30.07.2014, rendered in CRM No.M- 23235 of 2014 by a Coordinate Bench (Tejinder Singh Dhindsa, J.) of this Court. Sequelly, Harpreet Singh @ Happy and Ajay Kumar, other coaccused of the petitioner, were allowed bail, by virtue of order dated 03.09.2014, rendered in CRM No.M-28547 of 2014 by this Court. Likewise, Rajesh Singh and others, similarly situated co-accused of the petitioners, were granted the benefit of regular bail, by means of order dated 26.9.2014 rendered in CRM Nos.31366, 31206 and 29989 of 2014. Therefore, I see no reason not to extend the same benefit of regular bail to the present petitioner as well under the similar set of circumstances. 6. In the light of aforesaid reasons, taking into consideration the totality of facts & circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of the main case, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits in the trial of the case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. ---------0.B.S.0------------ —————————