Hakam Singh @ Pappu v. State Of Punjab
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% " %% ,-./01*2*/2/1 "//3 451670 " %"8 9% &" It is submitted by the learned counsel for the petitioner that the petitioner is in custody from 13.03.2021, which is almost 1 year and 11 months. He submitted that after completion of the investigation, the final report under Section 173 % "
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$ the petitioner has clean antecedents and is not involved in any other case. He also during the course of arguments, has referred to the zimni orders passed by the learned Special Judge, Moga whereby after the framing of the charges, the case was adjourned for about 15 times and a perusal of the order dated 15.09.2021 would show that the prosecution witness SI Dilbagh Singh had been duly served and an order dated 27.10.2021 would show that the aforesaid prosecution witness failed to appear despite being bound down and therefore the trial Court was constrained to issue bailable warrants against him in the sum of Rs.5000/- with a surety in the like amount. Thereafter, for number of times the prosecution witnesses were summoned but they failed to depose before the trial Court.
Although one prosecution witness namely ASI Satnam Singh who was heading the police party has already died as per the order dated 23.09.2022 but a perusal of the other orders would show that even nonbailable warrants were issued against the prosecution witnesses namely SI Dilbagh Singh. The aforesaid zimni orders which have been passed by the learned trial Court are taken on record as Mark-X.
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$" %% On the other hand, #!$ % %& ' has stated that it is correct that the petitioner is in custody for about one year and eleven months and the charges in the present case were framed on 24.08.2021 but till date only one prosecution witness has been examined. On a query being raised to learned State counsel as to who was the witness who has been examined, she tried to seek instructions from ASI Tarsem Singh who is
6 present in Court, but he was unable to answer. She has however submitted that the petitioner is not involved in any other case but has opposed the grant of bail to the petitioner on the ground that the $ would be hit by the bar contained under Section 37 " I have heard learned counsel for the parties. The petitioner is stated to be in custody for about 1 year and 11 months and he has clean antecedents and is not involved in any other case. The charges in the present case were framed on 24.08.2021 and no prosecution witness has been examined till date as per the learned counsel for the petitioner but as per the learned State counsel, one prosecution witness has been examined but no details have been given to the Court in this regard. The quantity involved in the present case falls within the category of commercial quantity under .& " ( :% " $ % "*> " ( =%
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%$ " In view of the aforesaid facts and circumstances % " % "$ , this Court is of the view that the petitioner deserves the concession of regular bail. Consequently, the
present petition is allowed. ( %%% %% " %E$ " %%
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