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High Court of Punjab and HaryanaCRM-M/16185/2022allowed

Harcharan Singh v. State Of Punjab

2022-05-11Mr. Justice Harnaresh Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-16185-2022 (O&M) Date of Decision: 11.05.2022 HARCHARAN SINGH     



STATE OF PUNJAB    

    

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 Through this petition, the petitioner seeks regular bail in case bearing FIR No.92 dated 31.05.2021, registered under Sections 306, 506, 149 IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (added later on), at Police Station Kotbhai, District Sri Muktsar Sahib.

Learned Senior counsel for the petitioner submits that the petitioner has falsely been involved in the present case; that in the supplementary challan presented on 05.01.2022, petitioner along with Khushwinder Singh son of Harnek Singh and Sukhjinder Singh @ Laddi son of Gurdev Singh, have been declared innocent and kept in column No.2 and that the petitioner has been in custody since 18.10.2021. He further submits that complainant, namely, Karamjit Kaur, while appearing as PW-1, before the trial Court, has not supported the prosecution version and turned hostile.

AMAN JAIN 2022.05.11 18:33 I attest to the accuracy and authenticity of this document

CRM-M-16185-2022 (O&M) -2Per contra, while opposing the prayer for grant of regular bail to the petitioner, learned State counsel does not dispute the custody period of the petitioner as well as the factum of PW-1 turning hostile. I have heard the learned counsel for the parties. The petitioner has been in custody since 18.10.2021. The complainant has turned hostile. The petitioner has been declared as innocent and kept in column No.2 of the supplementary challan. Prosecution witnesses are yet to be examined. In such circumstances, the trial of the case would take a long time to conclude. Therefore, no useful purpose would be served by keeping the petitioner behind the bars. In view of the above and without commenting anything on the merits of the case, lest it should prejudice the case of both the sides, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 



   

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         AMAN JAIN 2022.05.11 18:33 I attest to the accuracy and authenticity of this document