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High Court of Punjab and HaryanaCRM-M/46606/2016allowed

Amrik Singh v. State Of Punjab

2017-01-13Mr. Justice Harinder Singh Sidhu2 pages

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-46606 of 2016 .....

Date of decision:13.1.2017 Amrik Singh

...Petitioner

v.

State of Punjab

...Respondent

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Rajinder Mathur, Advocate for the petitioner. Mr. Deep Singh, Deputy Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No.39 dated 29.5.2015 registered for the offences under Sections 302, 120-B read with Section 34 IPC at Police Station Sadar Sangrur, District Sangrur.

Notice of motion to Advocate General, Punjab. Mr. Deep Singh, learned Deputy Advocate General, Punjab, has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner as well as learned Deputy Advocate General, Punjab, appearing for the respondentState and have gone through the record. From the record, I find that the allegation against the present Harpal Singh Parmar 2017.01.13 17:38 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-46606 of 2016 [2] petitioner in the FIR is that he being the real brother of the deceased get him killed as he was having illicit relations with the wife of the deceased. Learned counsel for the petitioner produced on the record copies of statements of some of the witnesses. i.e. PW-1 Sadhu Singhcomplainant, father of the deceased, as well as the accused, PW-2 Bhola Singh and PW-4 Buta Khan-last seen witness etc., who have not supported the prosecution version and turned hostile.

The petitioner has been in judicial custody since 2.6.2015. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the final disposal of the case, specially in view of the fact that the complainant, last seen witness etc. have not supported the prosecution version.

Therefore, keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, this criminal miscellaneous petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal bond in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate.

January 13, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No Harpal Singh Parmar 2017.01.13 17:38 I attest to the accuracy and authenticity of this document Chandigarh