Kulbir Singh v. State Of Punjab

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This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.16 dated 28.01.2019 registered under Sections 302 and 34 IPC at Police Station Tibba, District Police Commissionerate, Ludhiana.

Custody certificate Admittedly charges have been framed. Out of 19, 4 witnesses stand examined including the complainant-Gurdev Singh who appeared as PW-1. Counsel for the petitioner has relied upon the statement of complainant himself PW-1 who has stated :-

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and would submit that even in the statement made before the trial Court the allegations levelled against the petitioner are merely hearsay. Apart from that he has relied upon the orders passed by this Court in CRM-M-1977 of 2020 titled as Jaswant Singh Vs. State of Punjab decided on 18.09.2020 (Annexure P-2) and CRM-M-42723 of 2020 titled as Vinod Kaushal Vs. State of Punjab decided on 01.03.2021 (Annexure P-3) whereby the coaccused have been granted the concession of regular bail. Per contra learned State counsel submits that the petitioner has been specifically named in the supplementary statement and so far as the statement of PW-1 is concerned the same shall be subject matter of the trial though he does not dispute the fact that the complainant stands examined. The petitioner has been in custody since 10.04.2021. Charges stand framed. Material witnesses including the complainant stands examined. It is a case of circumstantial evidence.

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Keeping in view the above facts and the period of incarceration already suffered by the petitioner, without going into the merits of the case, Since the main case has been decided, the pending criminal miscellaneous application, if any, also stands disposed off.