Khanna Singh Alias Daljeet Singh v. State Of Punjab



  
  

   


  



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- 3   "4 0 It is submitted by learned counsel for the petitioner that the petitioner is in custody for about three years and one month. He submitted that even till date charges in the present case have not been framed and the petitioner has faced incarceration for more than three years. He submitted that as per the allegations, the petitioner alongwith some other co-accused had jumped over the wall and opened the gate from inside the house where the husband of the complainant was lying on his cot and he was hit by the petitioner and the other co-accused. As per the prosecution, the husband of the complainant died due to the injuries suffered

 

by him. He submitted that one of the co-accused, namely, Jyoti Singh has already been admitted to regular bail by this Court on 15.09.2022 vide CRM-M-22043 of 2022 (Annexure P-3) especially on the ground that the charges were not framed at that time and even till date charges have not been framed. He submitted that the petitioner has clean antecedents and is not involved in any other case and has been falsely implicated in the present case and therefore the petitioner may be considered for the grant of regular bail.

3.

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  !%   submitted that so far as the period of custody of the petitioner is concerned, the same is correct and it is also not disputed that the petitioner is not involved in any other case. 5 3

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     4.

I have heard learned counsel for the parties. 5.

It is a case where the petitioner has already faced incarceration for about three years and one month and as per learned counsel for the parties, even the charges in the present case have not been framed. The reason as stated by learned State counsel for non framing of the charges cannot become a ground for denial of bail to the petitioner. The argument raised by learned State counsel that the other co-accused who has already been granted bail by this Court has thereafter now absented himself from the Court also cannot raise any presumption in advance that the petitioner would also jump the bail.



6.

In view of the aforesaid position, wherein the petitioner has faced incarceration for more than three years and the charges have not been framed till date, the petitioner deserves the concession of regular bail. # 9  7 the present petition is allowed. ' 

 

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