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High Court of Punjab and HaryanaCRM-M/146/2022dismissed

Jabir Singh Alias Sona Alias Soni v. State Of Punjab

2022-07-13Mr. Justice Harnaresh Singh Gill3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-146-2022 (O&M) Date of Decision: 13.07.2022 JASBIR SINGH ALIAS SONA ALIAS SONI

...Petitioner

Versus

STATE OF PUNJAB

...Respondent

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Yajur Sharma, Advocate for the petitioner.

 

   HARNARESH SINGH GILL, J.(Oral) Through this petition, the petitioner seeks regular bail in case bearing FIR No.54 dated 05.07.2021, registered under Section 302 read with Section 34 IPC and Sections 201 and 120-B IPC (added later on), at Police Station Bhindi Saidon, District Amritsar Rural. Learned counsel for the petitioner submits that the present FIR has been got lodged by Yakoob Masih (uncle of deceased, namely, Manish); that, as per the prosecution story, the deceased came back from Dubai and on 30.06.2021 he went outside for a walk, but did not return; that on 01.07.2021 at about 4:00-5:00 a.m., Lakhwinder Masih, found the body of Manish lying on the road with injuries on his head and other parts of the body; that Manish was taken to the hospital, where he remained admitted from 01.07.2021 till 05.07.2021 and that Manish died on 05.07.2021 and accordingly, the present FIR was registered. He

CRM-M-146-2022 -2further submits that the petitioner was not named in the FIR; that it was on the basis of the supplementary statement of the complainant recorded on 12.07.2021, the petitioner along with other accused has been indicted in the present case and that the extra judicial confessional statements of the petitioner and the other accused persons were recorded on 13/16.07.2021. Still further, it is submitted that the petitioner has been in custody since 16.07.2021.

On the other hand, the learned State counsel while opposing the prayer for grant regular bail to the petitioner, submits that the petitioner along with other accused persons have committed murder of Manish; that the body of the deceased was thrown on the road side by the petitioner along with other co-accused and that there are serious allegations against the petitioner. He further submits that, as per the disclosure statement of the Sonu Masih, the deceased along with the other accused persons used to purchase heroin from the petitioner; that the petitioner is the main supplier of the contraband and thus, this fact further establishes the involvement of the petitioner in NDPS case(s) as well. Still further, it is submitted that the petitioner is a habitual offender, inasmuch as, two more FIRs under the NDPS Act, are registered and/or pending against him.

I have heard the learned counsel for the parties. There are serious allegations against the petitioner. This Court cannot go into the extra judicial confession dated 13/16.07.2021, at

CRM-M-146-2022 -3this stage. Further, the petitioner is involved in two more FIRs under the NDPS Act. This fact clearly establishes the criminal antecedents of the petitioner.

In view of the above, no case is made out to grant the concession of regular bail to the petitioner. Dismissed.

13.07.2022 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No