Pawandeep v. State Of Punjab





          

    

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:%  (iv) During further investigation, accused Jaskaran Singh @ Jassa, Karanjit Singh @ Karan and Manoj Banga @ Money were found 
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to be juvenile and so, they were produced before the Juvenile Justice Board. Nachattar Kaur and Deepa were found innocent. After concluding the investigation, report under Section 173(2) Cr.P.C. qua petitioner-Pawandeep was filed before Area/Illaqa Magistrate; whereas the final report of enquiry qua petitioners Jaskaran Singh @ Jassa @ Jaskaran Mahi, Manoj Banga @ Money and co-accused Karanjit Singh @ Karan was filed before Juvenile Justice Board. 3.

The State reply also reveals that the Juvenile Justice Board committed the case of Jaskaran Singh @ Jassa @ Jaskaran Mahi, Manoj Banga @ Money and Karanjit Singh @ Karan to the Children Court vide order dated 19.12.2019; whereas case qua Pawandeep was also committed to the Court of Sessions. Charges have already been framed and out of 19 witnesses, 7 have already been examined, 6 have been given up and rest 6 witnesses are yet to be examined. 4.

It is contended by learned counsel for the petitioners that all three of them have been falsely implicated on the basis of a concocted and fabricated story, there being no material evidence. Attention is drawn towards the fact that none of the petitioners are named in the FIR; that despite the fact that deceased Harshita went missing on the night intervening 05/06.09.2019, no missing report was lodged, till the present FIR on 11.09.2019. It is submitted that at the time disclosure statement of Jaskaran Singh @ Jassa was recorded, he was a juvenile and no independent witness was joined. Attention is drawn towards the alleged disclosure statement, as per which Jaskaran Singh @ Jassa had given 3-4 




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blows with Kirpan to deceased Harshita and then he along with Manoj Banga had strangulated the deceased. However, the final cause of death as given by the Doctor reveals the cause of death to be 'deep burns of the middle part of the body and underlying organs and tissues'. Ld. counsel contends that in the postmortem report, no injury due to cut by kirpan nor any asphyxiation is shown to be the cause of death. It is further contended that no evidence has been collected with regard to any CCTV in the hotel, where the deceased was allegedly taken earlier nor any bill is obtained nor any enquiry has been conducted from any hotel staff or the petrol pump, showing the falsity of the alleged disclosure statement. 5.

Still further, attention is drawn by ld. counsel for the petitioners towards statement of PW1 Varinder Singh, father of the deceased made before the trial Court on 03.03.2023, giving a different version than contained in the FIR. As per this testimony made before the Court, he had never seen Harshita with any of the accused-petitioners; that he never made any complaint against the petitioners prior to this case; that he did not see deceased taking away any articles; that he did not know as to what was taken away by deceased Harshita; and he never saw Harshita talking with any of the accused on mobile. 6.

It is submitted that petitioners are under incarceration for approximately last 4 years despite being innocent and that trial is likely to take time to conclude and so, in all these circumstances they be allowed bail.

7.

Ld. State counsel has opposed the bail petitions by pointing 
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out towards the gruesome murder of deceased Harshita, the nature and gravity of the offence and the fact that most of the prosecution witnesses have already been examined.

8.

Having regard to the submissions made by learned counsel for the petitioners and the fact that the petitioners are in custody for the last more than 3 years and 10 months and trial is likely to take time to conclude, but without commenting anything on the merits of the case, all the three petitioners i.e. Pawandeep, Jaskaran Singh @ Jassa @ Jaskaran Mahi and Manoj Banga @ Money are allowed bail. They are directed to be released on bail on their furnishing requisite bail bonds & surety bonds to the satisfaction of the learned trial Court/duty magistrate.
A photocopy of this order be placed on the file of other connected case.

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