High Court of Punjab and HaryanaCRM-M/4243/2021allowed

Harjinder Singh v. State Of Punjab

2021-03-01Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 4243 of 2021 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 4243 of 2021 Date of Decision: 01.3.2021 Harjinder Singh ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Ishaan Bhardwaj, Advocate for the petitioner.

Mr. Sukhbeer Singh, AAG, Punjab.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. The petitioner seeks regular bail in FIR No. 0121 dated 3.8.2020 under Section 304 IPC registered at Police Station Kharar, District SAS Nagar, Mohali.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case and there is no concrete evidence to connect the petitioner with the alleged crime. As per the allegations, the petitioner along with co-accused Abdul Khan @ Bablu took deceased Gurdarshan Singh to his house in an unconscious state, where he died. He further submits that the present FIR has been got registered by complainant Gurpreet Singh alleging that his brother has died due to overdose of intoxicating substance administered by the petitioner and the co-accused. Learned counsel further submits that co-accused Abdul Khan GURPREET SINGH 2021.03.01 17:30 I attest to the accuracy and integrity of this document Chadigarh @ Bablu has been granted regular bail by this Court on 14.12.2020

CRM-M No. 4243 of 2021 -2and the petitioner has been in custody since 03.8.2020. On the other hand, the learned State counsel has opposed the bail application.

In the present case, co-accused Abdul Khan @ Bablu has been enlarged on bail vide order dated 14.12.2020 passed by this Court. Even as per the prosecution case, deceased Gurdarshan Singh has died due to overdose of intoxicating substance and it was the petitioner and co-accused, who took him to his house in an unconscious state. The petitioner has been in custody since 03.8.2020. The trial will take time to conclude because of Covid-19 pandemic. No useful purpose would be served by keeping the petitioner behind the bars.

Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(HARNARESH SINGH GILL) JUDGE March 01, 2021 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2021.03.01 17:30 I attest to the accuracy and integrity of this document Chadigarh