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2020 DIGILAW 1812 (PNJ)

Parba Singh v. State Of Punjab

2020-10-12

ARUN MONGA

body2020
JUDGMENT Arun Monga, J. - Crm No. 24871 of 2020 Allowed, as prayed for. MAIN CASE Petitioner seeks regular bail in FIR No.51 dated 17.05.2020 under Sections 304/341/148/149 IPC, registered at Police Station Sadar Faridkot, District Faridkot. 2. As per allegations in the FIR, complainant and his father were having a dispute over passage with one Kaka Singh. On 16.05.2020 at 6.30 PM, complainant Gurmail Singh along with wife was present at his house and his father had gone to the market. He heard some noise on the street. When he went outside, he saw Kaka Singh and his son Satnam Singh armed with handle of Kahi, Desh Raj and Bhupinder Singh having lathis, Baggi Singh having brick bat, Parba Singh (petitioner herein) having daang and Bhupinder Kaur having thapa ( a wooden bat used for washing clothes). They had all encircled his father and were quarrelling with him. Kaka Singh raised lalkara and Desh Raj pushed his father due to which he fell down. Due to anxiety and nervousness, he suffered heart attack. Complainant took his father to hospital where he was declared brought dead. On the statement of complainant, FIR in question was registered. 3. Learned counsel for the petitioner contends that petitioner has been falsely implicated. No injury has been attributed to the petitioner, except his presence at the place of occurrence with daang. He further submits it is the admitted case of complainant that his father died due to heart attack. 4. Learned counsel further contends that co-accused, to whom similar role has been attributed, has already been granted anticipatory bail by this Court vide order dated 28.08.2020 passed in CRM-M-15223 of 2020. Investigation is complete. Challan has already been presented. The petitioner is in custody since 24.05.2020. There is no headway in the trial due to Covid-19 pandemic as the Courts are working in restricted manner and taking up only urgent cases. 5. On the other hand, learned State counsel opposes the bail petition. However, he does not controvert that co-accused, who has been attributed similar role as that of the petitioner, has been granted anticipatory bail by this Court and presently, there is no headway in the trial due to pandemic. He further submits that the cause of death of deceased, at this stage, is also uncertain as the viscera report is still awaited. 6. The petitioner is in custody since 24.05.2020. He further submits that the cause of death of deceased, at this stage, is also uncertain as the viscera report is still awaited. 6. The petitioner is in custody since 24.05.2020. It is own case of the complainant that his father namely Sukhamnder Singh had died due to heart attack. No overt act has been attributed to the petitioner in the FIR except his presence at the place of occurrence with a daang in his hand. The co-accused Satnam Singh has been granted benefit of bail. On the ground of parity also, the petitioner is entitled to be released on bail. That apart, investigation is over, challan has been presented. The trial is not likely to commence or conclude any time soon due to current pandemic scenario. 7. In the premise, the petition is allowed. Petitioner is ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, as the case may be.