Kuljinder Singh v. State Of Punjab

2023:PHHC:066323

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.207 CRM-M-22317-2023 Date of Decision : May 09, 2023 Kuljinder Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL

Present:

Mr. Surender Dhull, Advocate, for the petitioner. Mr. Kamalpreet Bawa, AAG, Punjab assisted by ASI Pardeep Kumar.

***** SUDHIR MITTAL, J. (ORAL) This petition has been filed for grant of regular bail in FIR No.80, dated 02.08.2020, registered at Police Station Morinda, District Rupnagar, under Sections 302, 201, 34, 120-B IPC and Section 27 of Arms Act, 1959.

2.

Learned counsel for the petitioner submits that the only role attributed to the petitioner in the entire incident is of having assisted the main accused in disposal of the dead body. The same is on the basis of disclosure of the main accused which is no evidence in the eyes of law. The petitioner has been in custody for more than 09 months and the trial is not likely to be concluded at an early date as only 01 Pw has been examined out of a total of 31 Pws. The petitioner has clean antecedents and thus, he may be granted regular bail.

3.

Custody certificate dated 08.05.2023 checked by Sh.Anmoljeet Singh, Deputy Superintendent, District Jail, Ropar has been filed in Court. ANKUR GOYAL 2023.05.09 15:42 I attest to the accuracy and integrity of this order/judgment

2023:PHHC:066323 CRM-M-22317-2023 --2-- The same is taken on record. A perusal thereof shows that the petitioner has undergone actual custody of 09 months and 28 days and there is no other criminal case pending/decided against him. 4.

Learned State counsel concedes that only 01 Pw has been examined as yet out of a total of 31 Pws. He also admits that the only evidence against the petitioner is disclosure of the main accused. 5.

From the above, it is evident that the trial is not likely to be concluded at an early date. Keeping in view the allegations against the petitioner as well as the period of custody undergone, I deem it appropriate to grant regular bail to the petitioner. Accordinlgy, the petition is allowed. He is ordered to be released on bail on his furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned. May 09, 2023 (SUDHIR MITTAL) Ankur JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANKUR GOYAL 2023.05.09 15:42 I attest to the accuracy and integrity of this order/judgment