Khem Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No. M-34926 of 2015 Date of Decision: 20.10.2015 Khem Singh --Petitioner.

Vs.

State of Punjab --Respondent.

CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK Present : Mr. G.S.Sidhu, Advocate for the petitioner.

Mr. P.S. Bajwa, DAG, Punjab.

**** RAMESHWAR SINGH MALIK J. (ORAL) Petitioner seeks bail pending trial in FIR No. 196 dated 5.11.2013 under Sections 195/211/306/465/466/120-B IPC, registered at Police Station Samana, District Patiala. Learned counsel for the petitioner places reliance on the order dated 6.8.2015 passed by this Court in CRM-M-15314 of 2015 (Jaspal Kaur Vs. State of Punjab), whereby Jaspal Kaur-co accused of the petitioner was granted the concession of anticipatory bail. He submits that case of the present petitioner is on better footing, because he was found innocent by the investigating agency itself. He prays for allowing the present petition.

On the other hand, learned counsel for the State, on instructions from ASI Shamsher Singh, submits that case of the petitioner is not at par with the case of his abovesaid co-accused namely Jaspal Kaur. The allegations against the petitioner are direct and serious. He prays for dismissal of the present petition. AMIT KUMAR 2015.10.20 17:48 I attest to the accuracy and authenticity of this document

Criminal Misc. No. M-34926 of 2015 Having heard learned counsel for the parties and after careful perusal of record of the case, this Court is of the considered opinion that keeping in view the totality of facts and circumstances of the case, petitioner has been found entitled for the concession of bail pending trial. It is so said because despite making his best efforts, learned counsel for the State could not distinguish the case of the petitioner from the case of his co-accused namely Jaspak Kaur, who was granted the concession of anticipatory bail by this Court. In view of the above and without commenting anything on the merits of the case, lest it should prejudice the rights of either of the parties, instant petition is allowed. Petitioner is directed to be released on bail pending trial on his furnishing adequate bail bonds/surety bonds to the satisfaction of learned trial court. Disposed of, accordingly.

(RAMESHWAR SINGH MALIK) JUDGE 20.10.2015 AK Sharma AMIT KUMAR 2015.10.20 17:48 I attest to the accuracy and authenticity of this document