Daljit Singh Alias Jeeta v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision: March 11th, 2025 Daljit Singh @ Jeeta .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Amandeep Singh Manaise, Advocate for the petitioner.

Mr. Amit Rana, Senior Deputy Advocate General, Punjab. MANJARI NEHRU KAUL , J. (ORAL) Petitioner is seeking the concession of regular bail in FIR No.153 dated 06.05.2022 under Sections 397, 392, 473, 489, 201, 411, 34 of the IPC read with Sections 25, 27 of the Arms Act registered at Police Station Maqboolpura, District Amritsar. 2.

On the last date of hearing, following submissions of learned counsel for the petitioner were recorded: "Learned counsel for the petitioner, inter alia, contends that the petitioner, who has been in custody since 10.05.2022, has been falsely implicated in the present case, which finds due credence from the fact that while deposing before the trial Court, the complainant (Branch Manager of the Bank) as well as one PW Sonu alias Soni, an employee of the Bank, had not supported the case of the prosecution, leading to both of them being declared hostile. In support, learned counsel has drawn the attention of this Court to the testimonies of both these material witnesses, which have been placed on record

-2today in the Court. It has been further submitted by the learned counsel for the petitioner that since 25 prosecution witnesses remain to be examined, further incarceration of the petitioner would serve no useful purpose as there can be now no risk of the complainant and other prosecution witnesses being influenced or intimidated.

On a further query as to whether the petitioner has any previous criminal antecedents, it has been submitted that although the petitioner was earlier booked in a criminal case, however, the petitioner had been acquitted in the said case."

3.

It has been further submitted by the learned counsel for the petitioner that the Investigating Officer has also been examined, which leaves 24 prosecution witnesses to be still examined. Hence, further incarceration of the petitioner would serve no useful purpose as there can be no apprehension of the remaining witnesses being influenced or intimidated.

4.

Learned State counsel, on the other hand, while opposing the prayer and submissions made by the counsel opposite, on instructions from ASI Baldev Singh, has not disputed the custody period of the petitioner nor has it been disputed that the complainant as well as one other prosecution witness Sonu alias Soni had not supported the case of the prosecution during trial; it has also not been disputed that the Investigating Officer, who is one of the most material witnesses has already been examined-in-chief. Learned State counsel has, however, submitted that there was documentary evidence in the shape of a CCTV footage in which all the accused, including the petitioner could be seen fleeing away after the occurrence in question. In addition, recovery of a

-3firearm along with 1,50,000/- was made from the petitioner after the ₹ occurrence in question.

5.

I have heard learned counsel for the parties and perused the material placed on record.

6.

The petitioner has been in custody since 10.05.2022. The possibility of the trial concluding in the near future does not arise in view of the fact that 23 witnesses still remain to be examined by the prosecution. All the material witnesses stand examined. Hence, in the aforementioned facts and circumstances, this Court deems it fit to extend the concession of bail to the petitioner. 7.

Accordingly, the instant petition is allowed. The petitioner be admitted to bail to the satisfaction of the trial Court/Duty Magistrate concerned. 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.

8.

Needless to say, in case the petitioner misuses the concession of bail granted to him, the State would be at liberty to seek cancellation of the same.

March 11th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No