Sukhwinder Singh Alias Shindi v. State Of Punjab
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of decision: 08.07.2025 Sukhwinder Singh alias Shindi
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE
Present :
Mr. Navkiran Singh, Advocate, for the petitioner. Mr. Amandeep Singh Samra, AAG, Punjab.
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, J. (Oral) 1.
The petitioner is seeking regular bail under Section 439 Cr.P.C. in case FIR No.105 dated 14.08.2022, under Sections 302, 148, 149, 506 IPC (later on challan filed under Sections 302, 506 IPC and charges also framed under Sections 302, 506 IPC), registered at Police Station Khamanon, District Fatehgarh Sahib, Punjab. 2.
The case of the prosecution is that petitioner had given two spade (kahi) blow on the head of deceased namely Netar Singh as the dispute was due to turn of water in the fields. The petitioner has been behind the bars since 22.08.2022. In the present case, out of 27 witnesses, 3 have been examined. However, main complainant has since died and eyewitness Kaka Singh has not supported the case of the prosecution. Gurmit Kaur wife of the deceased was also alleged eye-witness has not been appearing for the last so many dates and the case has been adjourned for her evidence and the trial held up because of non-appearance.
3.
Learned counsel for the petitioner submits as per custody certificate petitioner has undergone 2 years, 10 months and 15 days of custody. He further submits that trial is likely to take time for its conclusion and continuous detention of the petitioner would not serve the ends of justice, therefore, petitioner be released on regular bail. 4.
Notice of motion.
5.
Mr. Amandeep Singh Samra, AAG, Punjab, accepts notice on behalf of the respondent-State. Learned State counsel has filed the custody certificate in the Court today, which is taken on record. As per custody certificate dated 07.07.2025, the petitioner is in custody for 2 years 10 months and 15 days.
6.
I have heard the learned counsel for the parties and perused the record.
7.
In view of the above submission of learned counsel for the parties and considering the custody period undergone by the petitioner, trial is likely to take such a long time, the continuous detention of the petitioner would not serve the ends of justice. Keeping in view the facts and circumstances of the present case, this Court deems it a fit case to grant the concession of regular bail to the petitioner during the pendency of the trial. 8.
Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is hereby ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.
9.
However, it is made clear that in case the petitioner misuses the concession of bail, the State would be at liberty to seek cancellation of his bail.
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08.07.2025 anil Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No