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High Court of Punjab and HaryanaCRM-M/45220/2019dismissed

Tarsem v. Union Territory Chanigarh

2019-12-18Mr. Justice Amol Rattan Singh2 pages

Crl. Misc. No.M-45220 of 2019(O&M)

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH Crl. Misc. No.M-45220 of 2019(O&M) Date of Decision: 18.12.2019 Tarsem .....Petitioner

Versus

Union Territory, Chandigarh

...Respondent

CORAM: HON'BLE MR. JUSTICE AMOL RATTAN SINGH Present:- Mr. Vivek Kathuria, Advocate, for the petitioner.

Mr. Gautam Kaile, Advocate, for Mr. Rajiv Sharma, Addl. P.P., U.T., Chanadigarh. Mr. Palvinder Singh, Advocate, for the complainant.

*** Amol Rattan Singh, J. (Oral) By this petition, filed under the provisions of Section 439 of the Cr.P.C., the petitioner seeks the concession of 'regular bail'. Though learned counsel for the petitioner submits that the petitioner had been acquitted in most of the cases registered against him, however, learned counsel appearing for the U.T. Chandigarh, and learned counsel appearing for the mother of the deceased, submit that the petitioner, firstly, is a habitual offender, with learned counsel for the mother of the deceased (taken for practical purposes to be the complainant, the complainant having turned hostile), submitting that in fact the complainant turned hostile SATYAWAN 2019.12.25 17:08 I attest to the accuracy and integrity of this document

Crl. Misc. No.M-45220 of 2019(O&M) because he, having been arrested in connection with some other criminal case registered, was under pressure from the petitioner and the others lodged in the jail, to not testify against them (as contended before this Court).

He further submits that the mother of the deceased though earlier was given up as a witness, however, now is being sought to be recalled as a witness, she also being (again as contended) a witness to her late son's statement to the effect that it was the petitioner who had attacked him.

Consequently, without making any comment on the actual merits of the case, for or against the petitioner, in the aforesaid circumstances, I do not consider it appropriate to admit the petitioner to bail at this stage at least.

Dismissed.

18.12.2019 (Amol Rattan Singh) Satyawan Judge Whether reasoned/speaking: Yes Whether reportable:

no SATYAWAN 2019.12.25 17:08 I attest to the accuracy and integrity of this document