Maninder Singh @ Manjinder Singh @ Goldy v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No. 2012 of 2020 (O&M) Date of Decision:- 23.01.2020 Mohinder Singh @ Manjinder Singh @ Goldy

...Petitioner

Versus

State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:- Mr. Ashish Aggarwal, Advocate, for the petitioner.

Mr. Jagmohan Singh Ghumman, DAG, Punjab.

***** RAJ MOHAN SINGH, J .(Oral) Petitioner seeks grant of regular bail in his second attempt. Earlier CRM-M No.5331 of 2019 was got dismissed as withdrawn vide order dated 11.3.2019.

FIR No.201 dated 13.10.2016, registered under Sections 307, 323, 148 and 149 of Indian Penal Code, 1860 and under Section 25 of Arms Act, 1959 (Section 302, 212 and 216 of IPC added subsequently) at Police Station Sadar, Amritsar, District Amritsar City.

The FIR came to be registered on the statement of Babbal Joseph. Son of the complainant i.e Sagar died in the

-2occurrence. Prosecution story started with the allegations that on 12.10.2016, Sagar (since deceased) was assaulted by six persons namely Satyajit Singh @ Sapela, Dharma @ David, Jatty, Raja @ Dilbag, Amit Kumar @ Meeta and Malkit Singh. Specific allegation was made against Amit Kumar @ Meeta who had fired gun shot from his pistol which hit on the left side of Sagar. Sagar ultimately succumbed to fire arm injury. In addition to aforesaid 6 persons, 2 more accused were added in the supplementary statement of complainant. Name of Lal Singh @ Lali and the present petitioner were added in the total tally of accused thereby making the same to be 8. Thereafter, Nisha was also added as co-accused for providing shelter to the accused party. Out of total 9 accused David @ Dharma and Raja @ Dilbag were found to be innocent.

Lal Singh @ Lali, Nisha and Satyajeet Singh @ Satya have already been granted regular bail by the High Court on 16.5.2017, 28.3.2017 and 26.10.2017, respectively. The main accused Amit Kumar @ Meeta has expired. Role of the petitioner cannot be treated to be more than Lal Singh @ Lali who has already been granted regular bail by this Court. Petitioner is in custody since 21.09.2018.

Learned State counsel on instructions from ASI Harpreet Singh states that challan has already been presented. Charges have also been framed but prosecution evidence has

-3not been recorded so far.

Trial of the case may take some time in its conclusion. At this stage, without meaning anything on the merits of the case, I deem it appropriate to release the petitioner on regular bail.

In view of above, the present petition is allowed and the petitioner is ordered to be enlarged on bail, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of Trial Court/Duty Magistrate, Amritsar.

Nothing expressed hereinabove shall be construed to be an opinion on merits of the case.

23.01.2020 ( Raj Mohan Singh ) geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No