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High Court of Punjab and HaryanaCRM-M/14379/2019allowed

Ravi Singh v. State Of Punjab

2020-10-14Ms. Justice Jaishree Thakur2 pages

CRM-M No.14379 of 2019 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.14379 of 2019 (O&M) Date of Decision.14.10.2020 (Heard through VC) Ravi Singh

...Petitioner

Vs State of Punjab

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. G.S. Sandhu, Advocate for the petitioner.

Ms. Monika Jalota, DAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular to the petitioner in FIR No.120 dated 18.08.2017 under Sections 302, 201, 384, 365, 506, 34 IPC registered at Police Station Dialpura, District Bathinda, who is in custody since 03.09.2017.

Learned counsel for the petitioner herein would contend that initially the FIR was registered on the complaint of Ghulla Singh, who had reported that his son was missing and it was only on his statement, Section 302 IPC was added after the recovery of the body of Manpreet Singh. The only allegation against him is that he had been given a sim card belonging to Manpreet Singh so that he could make a phone call seeking ransom. It is also argued that doctor has been examined and from his statement, it is evident that cause of death could not be ascertained, while further arguing that the main accused namely Kamaljot Singh @ Kamal has been granted bail by a Coordinate Bench on 25.08.2020. Apart from seeking parity, counsel for the petitioner would contend that on account of COVID-19, the PANKAJ KUMAR 2020.10.14 16:51 I attest to the accuracy and integrity of this document

CRM-M No.14379 of 2019 (O&M) -2trial is not proceeding and therefore, seeks concession of bail to the petitioner.

Learned counsel appearing on behalf of the respondent-State opposes grant of regular bail to the petitioner by contending that the petitioner is involved in heinous crime wherein Manpreet Singh was killed and there are other cases pending against the petitioner, therefore, his antecedents should be taken into consideration. I have heard learned counsel for the parties and have perused the paper book.

Keeping in view the fact that the petitioner is in custody since 03.09.2017 and the main accused namely Kamaljot Singh @ Kamal has been granted bail by a Coordinate Bench of this Court and the main witnesses i.e. the complainant and the investigating officer have already been examined, coupled with the fact that the trial is likely to take some time to conclude as owing to novel corona virus pandemic, Courts are working at their full strength and ordinary hearing matters are not being taken up, no useful purpose would be served by keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE October 14, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.10.14 16:51 I attest to the accuracy and integrity of this document