High Court of Punjab and HaryanaCRM-M/21769/2020allowed

Raj Kumar @ Raju v. State Of Punjab

2020-08-14Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 21769 of 2020 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 21769 of 2020 Date of Decision: 14.8.2020 Raj Kumar @ Raju ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Amandeep Singh, Advocate for the petitioner.

Mr. Randhir Singh Thind, DAG, Punjab.

**** HARNARESH SINGH GILL , J. (ORAL) Case is being taken up for hearing through video conferencing. The petitioner seeks regular bail in FIR No. 123 dated 19.5.2019 under Sections 306, 34 registered at Police Station Jamalpur, District Ludhiana.

Learned counsel for the petitioner submits that the petitioner was neither named in the FIR nor any role has been attributed to him. Even in the supplementary statement of complainant Jaswant Singh, no allegation of instigation has been attributed to the petitioner and there is no suicide note left by deceased Jatinder Kaur @ Jyoti, who was the wife of the petitioner. Learned counsel further submits that the petitioner has been in custody since 12.7.2019.

Learned State counsel submits that in the present case challan has been presented and charges have been framed but the prosecution GURPREET SINGH 2020.08.14 15:41 I attest to the accuracy and integrity of this document Chadigarh witnesses are yet to be examined.

CRM-M No. 21769 of 2020 -2Custody certificate by way of affidavit of Deputy Superintendent, Central Prison, Ludhiana has been filed through e-mail. Copy of the same is taken on record.

As per the custody certificate, the petitioner has been in custody for the last 01 year and 01 month and no other case is pending against him. In the present case, charges have been framed but no prosecution witness has been examined so far. The trial will take time to conclude. No useful purpose would be served by keeping the petitioner behind the bars. Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(HARNARESH SINGH GILL) JUDGE August 14, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.08.14 15:41 I attest to the accuracy and integrity of this document Chadigarh