Hardeep Singh Alias Kaira v. State Of Punjab

CRM-M-39189-2024 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-39189-2024 (O&M) Date of Decision: 09.07.2025 HARDEEP SINGH @ KAIRA ... PETITIONER

VERSUS

STATE OF PUNJAB ... RESPONDENT CORAM :

HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Vaibhav Sehgal, Advocate for the petitioner. H.S. Grewal, J.(Oral) CRM-16626-2025 1.

This application has been filed for placing on record a photocopy of the statements of the witnesses recorded by the ld. trial Court as Annexures A-1 to A-3 and exemption from filing certified copy of the same. 2.

Allowed as prayed for and a photocopy of the statements of the witnesses recorded by the ld. trial Court as Annexures A-1 to A-3 are ordered to be taken on record.

Main case:

1.

This petition has been filed for grant of regular bail under Section 483 of BNSS in case FIR No. 04 dated 03.01.2024 under Section 302 read with Section 34 IPC registered at Police Station Sahnewal, Ludhiana. 2.

The case of the prosecution is that the petitioner along with coaccused namely Pawandeep had caused injuries to the deceased- Gurcharan Singh. 3.

Learned counsel for the petitioner submits that the petitioner has not been named in the FIR. The petitioner was later on named on the basis of the disclosure statement made by one Billa, the main accused. There was no test identification parade conducted. Moreover, eye-witnesses Ashok and Sukhdev appearing as PW-3 and PW-4 have not supported the case of the prosecution. The petitioner is in custody since 10.01.2024.

Renu Rawat 2025.07.10 17:04 I attest to the accuracy and integrity of this document

CRM-M-39189-2024 (O&M) -24.

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, the petitioner is in custody for 01 year 05 months and 27 days. He vehemently opposes the prayer for grant of regular bail to the petitioner. He fairly admits that the petitioner is in custody since 10.01.2024. He further submits that out of 17 prosecution witnesses, 06 witnesses have been examined so far. 6.

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

7.

Keeping in view the facts and circumstances of the present case and the fact that the petitioner is in custody for 01 year 05 months and 27 days, the continuous detention of the petitioner would not serve the ends of justice, 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 ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 9.

It is clarified that if on bail so granted through the instant order, the petitioner is found indulging in any other criminal case it shall be open to the State to seek cancellation of his bail.

(H.S.GREWAL) 09.07.2025 JUDGE renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Renu Rawat 2025.07.10 17:04 I attest to the accuracy and integrity of this document