Ajay Singh @ Ajju Masih v. State Of Punjab

2023:PHHC:103689 In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-6596-2023 (O&M) Date of Decision:-10.8.2023 Ajay Singh @ Ajju Masih ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Harmanpreet Singh, Advocate for the petitioner. Mr. Inderpreet Singh Kang, AAG, Punjab.

***** FIR No.

Dated Police Station Section/s 10.10.2019 Mehta, District Amritsar Rural 307, 336, 148, 149 of Indian Penal Code and Sections 25, 27 of Arms Act, 1959 GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks grant of regular bail in respect of the abovementioned FIR.

2.

The FIR was lodged at the instance of Sahib Singh, wherein it has inter alia been alleged that he was attacked by 5 accused, who have been duly named, accompanied by 3 unknown persons. Although the petitioner was not initially named in the FIR but came to be nominated subsequently on the basis of statement of co-accused Navjot Singh. The allegations against the petitioner are that he had fired with a pistol at Sahib Singh. 3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on the basis of statement of co-accused Navjot Singh, which would hardly carry any evidentiary value. It has further been PANKAJ KAKKAR 2023.08.10 15:18 I attest to the accuracy and authenticity of this document

CRM-M-6596-2023 (O&M) ( 2 ) 2023:PHHC:103689 submitted that, in any case, the complainant Sahib Singh as well as eyewitness Amritpal have already been examined during the proceedings of trial but none of them have supported the case of prosecution and have been declared hostile. It has been submitted that the petitioner has been behind bars since the last more than 31⁄2 years and since the trial is proceeding at snail's pace, he deserves the concession of bail. 4.

Opposing the petition, learned State counsel has submitted that since the petitioner stands involved in 18 cases, it is apparent that he is a seasoned criminal. Learned State counsel has, however, not disputed the fact that the petitioner has been behind bars since the last more than 31⁄2 years and that as on date only 4 PWs out of the cited 19 PWs have been examined. 5.

This Court has considered the rival submission addressed before this Court. 6.

It will be debatable as to whether the evidence against the petitioner, which is mainly in the shape of statement of co-accused, would be sufficient enough to establish the allegations against the petitioner particularly when the complainant and another injured have already resiled. The petitioner has been behind bars since the last more than 31⁄2 years. Conclusion of trial is likely to consume time inasmuch only 4 PWs out of the cited 19 PWs have been examined till date. In these circumstances, further detention of the petitioner will not serve any useful purpose. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 10.8.2023 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2023.08.10 15:18 I attest to the accuracy and authenticity of this document