Gurpreet Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No. M-31451 of 2015 (O&M) Date of decision: 20.11.2015 Gurpreet Singh ..Petitioner

Versus

State of Punjab ..Respondent

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

1. Whether reporters of local newspapers may be allowed to see judgment? Yes/No

2. To be referred to reporters or not? Yes/No

3. Whether the judgment should be reported in the Digest? Yes/No

Present:

Mr. Mansur Ali, Advocate for the petitioner.

Ms. Ritu Punj, Addl. AG, Punjab for the respondent-State.

Daya Chaudhary, J. (Oral) The present petition has been filed under Section 439 Cr.P.C. on behalf of the petitioner-Gurpreet Singh for grant of regular bail in case FIR No.115 dated 30.08.2012 registered under Sections 302, 148 and 149 of Indian Penal Code (Charge under Section 304/34 IPC) at Police Station Julkan, District Patiala. Learned counsel for the petitioner submits that the petitioner was found innocent during investigation and he was kept in column No.2 of the challan. Subsequently, the petitioner has been summoned under Section 319 Cr.P.C. After summoning, the statement of complainant was recorded but he has not supported the case of the NEETU RANI 2015.11.23 14:00 I attest to the accuracy and authenticity of this document Chandigarh

Criminal Misc. No. M-31451 of 2015 (O&M) prosecution. Learned counsel also submits that the co-accused of the petitioner, who have been summoned like the petitioner, have been granted regular bail vide order dated 03.07.2014, 05.08.2014 and 26.08.2014. The petitioner is in custody since 29.10.2014 and trial will take long time to conclude as out of total 24 prosecution witnesses, only two have been examined.

Learned State counsel has not disputed the factum of release of co-accused on regular bail as well as the stage of the trial and the custody period.

In view of the submissions made by learned counsel for the petitioner and also the fact that only two witnesses have been examined; three co-accused of the petitioner have been released on regular bail; the case of the petitioner is at par with his co-accused, who have been released on regular bail; the trial may long time to conclude; the petitioner is in custody since 29.10.2014 and no purpose would be served by keeping him in custody, the present petition is allowed and the petitioner (Gurpreet Singh) is directed to be released on regular bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court.

20.11.2015 (DAYA CHAUDHARY) neetu JUDGE NEETU RANI 2015.11.23 14:00 I attest to the accuracy and authenticity of this document Chandigarh