Mahesh Alias Mahesh Chander v. State Of Punjab
CRM-M-33945-2025
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-33945-2025 Date of decision: 08.07.2025 Mahesh @ Mahesh Chander
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE
Present :
Mr. Vishal Sharma (Vashudeva), Advocate, for the petitioner. Mr. Amandeep Singh Samra, AAG, Punjab.
****
, J. (Oral) 1.
The petitioner is seeking regular bail under Section 483 BNSS, 2023 in case FIR No.48 dated 23.04.2023, under Sections 302, 34 IPC (Section 201 IPC added lateron) registered at Police Station Garhshankar, District Hoshiarpur, Punjab.
2.
The case of the prosecution is that the complainant Preeti wife of the deceased had found the body of her husband lying in the vacant plot. Firstly, a blind FIR was registered claiming nobody. Later on, on her supplementary statement on suspicion, the present Mahesh Chander was named as accused in the said FIR. Apart from the statement of the complainant, there is no other compelling evidence was found which could lead the conviction of the present petitioner. 3.
Learned counsel for the petitioner submits that petitioner has undergone 02 years, 2 months and 5 days custody as of today and out of 18 witnesses, 10 have been examined. Learned counsel further submits that since the trial is likely to take some time to conclude and continuous detention of the petitioner would not serve the ends of justice, therefore, petitioner be released on regular bail.
ANIL KUMAR 2025.07.10 16:19 I attest to the accuracy and integrity of this document
CRM-M-33945-2025 4.
Notice of motion.
5.
Mr. Amandeep Singh Samra, AAG, Punjab, accepts notice on behalf of the respondent-State. Learned State counsel has filed the custody certificate in the Court today, which is taken on record. As per custody certificate dated 07.07.2025, the petitioner is in custody for 02 years 02 months and 5 days.
6.
I have heard the learned counsel for the parties and perused the record.
7.
In view of the above submission of learned counsel for the parties and considering the undergone period and the fact that trial is likely to take such a long time and as such, the continuous detention of the petitioner would not serve the ends of justice. Keeping in view the facts and circumstances of the present case, this Court deems it a fit case to grant the concession of regular bail to the petitioner during the pendency of the trial. 8.
Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is hereby ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.
9.
However, it is made clear that in case the petitioner misuses the concession of bail, the State would be at liberty to seek cancellation of his bail.
( )
08.07.2025 anil Whether speaking/reasoned :
Yes / No Whether reportable :
Yes / No ANIL KUMAR 2025.07.10 16:19 I attest to the accuracy and integrity of this document