Hira Singh v. State Of Punjab

CRM-M-29295 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-29295 of 2017 Date of Decision: 21.08.2017 Heera Singh ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. P.B.S. Goraya, Advocate for the petitioner.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.55 dated 27.04.2016 registered for the offence punishable under Section 302 read with Section 34 of Indian Penal Code (for short, "IPC") at Police Station Bhikhiwind, District Tarn Taran.

Heard.

Notice of motion.

On asking of the court, Ms. Rajni Gupta, Sr. DAG, Punjab, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with her.

Learned counsel for petitioner submits that the petitioner was not challaned by the police. Learned trial Court on the application of prosecution filed under Section 319 Cr.P.C., on the basis of statement of PW-1-Sawinder Kaur, summoned the petitioner as additional accused. He is in custody since November, 2016 and complainant, on whose statement Jitender Kumar 2017.08.22 14:48 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-29295 of 2017 -2petitioner was summoned, has turned hostile and did not support the prosecution case.

Keeping in view the fact that petitioner was found innocent by the police during investigation and was not challaned and that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Heera Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

August 21, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.08.22 14:48 I attest to the accuracy and integrity of this document CHANDIGARH