Raghuveer Singh Paswan v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-31217-2020 Date of Decision:-16.12.2022 RAGHUVEER SINGH PASWAN ... Petitioner

Versus

STATE OF PUNJAB ... Respondent -.-

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH -.- Present:- Mr. Sukhjit Singh, Advocate for the petitioner.

Mr. M.S. Nagra, AAG, Punjab.

-.- KARAMJIT SINGH , J. (Oral) The petitioner has approached this Court seeking grant of regular bail in a case having FIR No.97 dated 17.11.2019 registered under Section 304 IPC; Sections 75 and 79 of Juveniles Justice (Care and Protection of Children) Act, 2015 at Police Station Ladhuwal District Police Commissionerate Ludhaina.

The counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the present case which is based on circumstantial evidence only and during trial the main witness namely Jugal Rajwar-complainant stands examined and the petitioner is in custody since GAURAV SOROT 2022.12.19 14:08 I attest to the accuracy and authenticity of this order, judgment and documents.

( 2 ) CRM-M-31217-2020 last more than 3 years and is having no criminal history and it will take considerable time for the trial to conclude.

The State counsel on instructions from ASI Surinder Singh has resisted the present petition and submits that present case is relating to death of son of the complainant, however the State counsel has not disputed the fact that the entire case is based on circumstantial evidence and the complainant stands examined and out of total 16 witnesses, prosecution examined 11 witnesses while one witness is given up. I have considered the submission made by counsel for the parties.

As per the report submitted by the trial Court dated 12.10.2022, the statement of complainant stands completed. The entire case is based on circumstantial evidence and the petitioner is behind bars since last more than 3 years and it will take considerable time for the trial to conclude, so no useful purpose is going to be served by keeping the accused behind the bars for any longer period.

Thus without commenting on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail and surety bonds to the satisfaction of the trial Court/CJM/Duty Magistrate concerned.

( KARAMJIT SINGH) 16.12.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2022.12.19 14:08 I attest to the accuracy and authenticity of this order, judgment and documents.