Varinder Singh @ Fateh @ Sunny v. State Of Punjab

CRM-M No.21387 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.21387 of 2020 (O&M) Date of Decision.26.08.2020 (Heard through VC) Varinder Singh @ Fateh @ Sunny

...Petitioner

Vs State of Punjab

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Baldev Singh Maan, Advocate for the petitioner.

Ms. Monika Jalota, DAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) CRM No.20907 of 2020 Application is allowed as prayed for.

Annexures A-1 to A-4 are taken on record.

CRM-M No.21387 of 2020 This is a petition that has been filed for grant of regular bail in case FIR No.42 dated 11.03.2019 registered under Section 302 IPC and Sections 25, 27 of the Arms Act, 1959 at Police Station Majitha, Police District Amristar Rural, District Amritsar.

Counsel for the petitioner herein would contend that petitioner has been falsely implicated as he was not present on the scene of occurrence and was not even named in the FIR. It is contended that the petitioner was involved in this case on the basis of disclosure statement of one co-accused namely Angrej Singh, while he was in police custody. It is further contended that two co-accused named in the FIR namely Ravneet Singh @ Sonu Mota and Sonu Kangla have already been allowed regular bail by this PANKAJ KUMAR 2020.08.26 15:09 I attest to the accuracy and integrity of this document

CRM-M No.21387 of 2020 (O&M) -2Court in CRM-M No.50669 of 2018 and CRM-M No.30159 of 2019 respectively. Similarly another co-accused Kartik @ Gordha has been allowed by the Sessions Judge Amritsar as he was not named in the FIR. Learned counsel appearing for the respondent-State would oppose the grant of bail by contending that the petitioner herein has been arrayed as an accused on the basis of statement given by a co-accused and on the basis of statement given by a witness as a last seen person in company of the deceased as well as an extra judicial confession made by the petitioner before one Puran Singh.

I have heard learned counsel for the parties. Since the petitioner is in custody since 20.08.2019 and keeping in view the fact that the challan has been presented and the afore-mentioned co-accused have already been granted bail coupled with the fact that the trial is likely to take some time to conclude as due to COVID-19 situation, Courts are not working at their full strength and not taking up regular hearing matters, this Court deems it appropriate to grant regular bail to the petitioner as no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/ surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE August 26, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.08.26 15:09 I attest to the accuracy and integrity of this document