Gurpal Singh v. State Of Punjab

CRM-M No.26957 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.26957 of 2020 (O&M) Date of Decision.09.02.2022 (Heard through VC) Gurpal Singh

...Petitioner

Vs State of Punjab

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Amandeep Singh, Advocate for the petitioner.

Mr. A.S. Gill, Sr. DAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.133 dated 20.10.2018 registered under Sections 302, 34 IPC at Police Station Doraha, Khanna, District Ludhiana.

Learned counsel for the petitioner would contend that this is a case of planned murder and the petitioner has been falsely implicated in the said matter. It is argued that as stated in the FIR, the cause of enmity is shown to be that Jaspreet Singh @ Jassa, who was a neighbour of deceasedAvtar Singh had a suspicion that Avtar Singh was having a bad eye upon his sister-Kamaljit Kaur as they were both studying together and therefore, with the help of his friend, Gurpal Singh, he murdered Avtar Singh. It is argued that Jaspreet Singh @ Jassa has been allowed regular bail on the presentation of challan, while further contending that statements of material witnesses have been recorded and rest are official witnesses. Learned counsel appearing on behalf of the respondent-State PANKAJ KUMAR 2022.02.15 16:28 I attest to the accuracy and authenticity of this document

CRM-M No.26957 of 2020 (O&M) -2opposes grant of regular bail to the petitioner even though he has been in custody for 3 years 3 months by contending that there is enough evidence to establish that the petitioner herein is the main accused, who had inflicted all injuries upon the deceased. It is further contended that the weapon has been recovered from the house of the petitioner, apart from FSL report, which establishes blood of the deceased upon his trouser. I have heard learned counsel for the parties and have perused the paper book and find no ground to grant regular bail to the petitioner, even though the Coordinate Bench has granted regular bail to Jaspreet Singh. The said bail was granted considering the fact that under COVID pandemic, courts were not proceeding with the trial. It is not the position right now.

The FSL report would also show human blood on trouser of petitioner, which has been matched with that of the deceased-Avtar Singh. Consequently, the instant petition stands dismissed. However, the trial court is directed to conclude the trial expeditiously. Any observations made herein are purely for the purpose of deciding the bail application and shall not be construed to be an expression on merits of the case. (JAISHREE THAKUR) February 09, 2022 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2022.02.