Manjit Singh v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: October 30, 2015 Manjit Singh ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest?

Present:

Mr.P.S.Ahluwalia, Advocate for the petitioner.

Mr.P.S.Ghuman, Addl.A.G.Punjab.

.......

NARESH KUMAR SANGHI, J.(ORAL) Prayer in this petition, filed under Section 439, Cr.P.C., is for grant of regular bail to the petitioner, Manjit Singh, son of Bawa Singh, resident of village Rampur Tapprian, Tehsil and District Mohali, who has been booked for having committed the offences punishable under Sections 120-B, 302 and 304-B, IPC, in a case arising out of FIR No.82, dated 25.05.2015, registered at Police Station, Kurali, District Mohali.

At the very outset, Mr.P.S.Ahluwalia, Advocate,

-2representing the petitioner, submits that mother, father, brother and uncle (Tarlochan Singh) of Satnam Kaur (since deceased) have failed to support the prosecution version qua the petitioner, therefore, depositions of the remaining prosecution witnesses would not improve its case so far as the petitioner is concerned. He further submits that even otherwise from the material available on record, the gravamen of the offences for which the petitioner, who is cousin (Massar's son) of co-accused Jaspreet has been booked, are not made out. He further submits that petitioner is behind the bars from 05.06.2015. Learned counsel for the State as well as the counsel representing the informant has not controverted the submissions made by the learned counsel for the petitioner.

After hearing the learned counsel for the parties and going through the material available on record, it is made out that all the material witnesses have turned hostile qua the petitioner and, as such, it is unlikely that the petitioner would be convicted and sentenced in the present case on the basis of the remaining evidence.

In view of the totality of the facts and circumstances of the case, the present petition is accepted. Petitioner Manjit Singh, son of Bawa Singh, resident of village Rampur Tapprian,

-3Tehsil and District Mohali, is directed to be released on bail during pendency of the trial of the present case subject to his furnishing bonds to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Roopnagar The observations made hereinabove are for the limited purpose of deciding the present petition and shall have no bearing during trial.

October 30, 2015 (NARESH KUMAR SANGHI) meenu JUDGE