Karmandeep Singh @ Karman v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-28268-2021 Decided on : 29.07.2021 Karamandeep Singh @ Karman . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Atul Goyal, Advocate for the petitioner(s).

Mr. Luvinder Sofat, AAG, Punjab assisted by ASI Surjit Singh.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 49, dated 08.05.2021, under Sections 363, 366 of IPC (added later on Sections 323, 341, 346 & 120-B of IPC), registered at Police Station Sadar Jagraon, District Ludhiana Rural.

Learned counsel for the petitioner submits that the false implication of the petitioner in the case in hand is evident from the fact that neither was the petitioner named in the FIR nor in the statement of the prosecutrix recorded under Section 164 Cr.P.C., which was recorded soon after the alleged occurrence. He further submits that the name of the petitioner came to light after 45 days of the alleged occurrence and that too in the supplementary statement recorded under Section 161 Cr.P.C. of the complainant i.e. the mother of the victim, wherein, she stated that the petitioner was one of those unknown persons, who had accompanied the main accused at the time of alleged occurrence. JAWALA RAM 2021.07.29 17:57 I attest to the accuracy and integrity of this document

CRM-M-28268-2021 - 2 - Per contra, learned State counsel has opposed the prayer and submissions made by learned counsel for the petitioner. He has, however, not been able to controvert the factual aspect of the submissions made with respect to the role attributed to the petitioner in the crime in question. Learned State counsel has conceded on instructions that the case of the petitioner is at par with that of co-accused Mangal Singh, who has since been extended the concession of regular bail by this vide order dated 13th July, 2021 (Annexure P-4). Learned State counsel has also apprised the Court that charges are likely to be framed on the next date of hearing. Heard.

In view of the submissions made by learned counsel for the parties and keeping in view the fact that petitioner has been in custody since 01st July, 2021 and there is no likelihood of the trial concluding anytime in the near future, I deem it a fit case for grant of the concession of regular bail to the petitioner. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. (MANJARI NEHRU KAUL) JUDGE July 29, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.07.29 17:57 I attest to the accuracy and integrity of this document