Navdeep Singh @ Navu v. State Of Punjab Through Office Of Adv. General Punjab And Haryana High Court Chd

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Sr. No. 222 Case No. : CRM-M-49496-2024 Decided On : October 15, 2024 Navdeep Singh @ Navu ....

Petitioner vs.

State of Punjab ....

Respondent CORAM :

HON'BLE MR. JUSTICE GURBIR SINGH.

* * * Present :

Mr. Saksham Dudeja, Advocate for the petitioner.

Mr. R. S. Bhatta, DAG, Punjab.

* * * GURBIR SINGH , J.

:

1.

Prayer in this petition filed under Section 439 of the Code of Criminal Procedure is for grant of regular bail to the petitioner in FIR No.16 dated 23.02.2024, under Section 304/34 IPC, 1860, registered at Police Station Koom Kalan, Police Commissionerate Ludhiana. 3.

As per the prosecution version, the aforesaid FIR was registered on the basis of statement of complainant Ranjodh Singh, wherein it was stated that on 02.02.2024, at about 05:30 PM, son of the complainant namely Jasmeet Singh @ Jassi left his house for taking medicine from De-Addiction Centre, Rara Sahib. Thereafter, on 04.02.2024, the complainant many times tried to contact his son on his mobile phone but it was switched off. The family and relatives started searching for Jasmeet Singh @ Jassi and on

-205.02.2024, a relative of complainant informed him that photograph of his son was displayed in the newspaper, mentioning that his body was kept in mortuary of Civil Hospital, Ludhiana, from where the body of the deceased was taken and his last rites were performed after completion of necessary formalities. Later on, the complainant came to know that during the last hours of his life, his son was in the company of Harman Grewal, Navdeep Singh @ Navu (petitioner), Gurpreet Singh @ Gandhi and Master Dilpreet Singh. They all were consuming intoxicants in the area of Sutlej Canal Bridge in a (Ikon) car bearing registration No.PB-10-3902. All of them left his son there after injecting overdose of some intoxicant with the help of syringe, due to which he expired. Hence, the FIR in question was registered against the petitioner and all other persons named above. 4.

At the outset, learned counsel for the petitioner has submitted that the petitioner is working as a labourer and has been falsely implicated in this case. No direct evidence is available against the petitioner and he has been nomimated on the basis of disclosure statement of co-accused Gurpreet Singh @ Gandhi. The petitioner is behind bars since 23.02.2024. No other case is registered against him. The investigation is complete and challan has been filed. Two co-accused namely Harman Grewal @ Harmanjot Singh and Dilpreet Singh have already been granted concession of regular bail by this Court, vide order(s) dated 05.09.2024, passed in CRM-M-26698-2024 and CRM-M-36142-2024 respectively. Therefore, it has been prayed by learned counsel for the petitioner that the case of the petitioner be also considered at par and he be ordered to be released on regular bail.

-35.

On the other hand, though the learned State counsel has opposed the bail petition on the ground that the deceased was in the company of the petitioner before his death. They were involved in the consumption of illegal intoxicants and due to overdose of intoxicants given to son of the complainant, he died. However, he has fairly admitted that investigation is complete, challan has been presented, the petitioner is behind bars since 23.02.2024 and no other case is pending against him. He has also admitted that two of the co-accused have been ordered to be released on regular bail by this Court vide order(s) dated 05.09.2024. 6.

Heard.

7.

The only allegation against the petitioner is that he was seen in the company of deceased before his death. The said information is also based on hear-say and is not linked with any other substantive evidence. The challan has been presented and investigation is also complete. The two coaccused have already got concession of regular bail. Culpability of the petitioner shall be decided during trial of the case. So, treating the case of the petitioner at par with other co-accused, this Court is of the view that no useful purpose would be served by keeping the petitioner behind bars for a long time.

8.

Accordingly, without commenting upon the merits of the case, the present petition is allowed and the petitioner is directed to be released on regular bail, on his furnishing bail bonds/surety bonds, to the satisfaction of learned Trial Court/Duty Magistrate concerned. The petitioner shall also abide by the following conditions :-

-41.

The petitioner shall surrender his passport and shall not leave the country without the prior permission of the Trial Court.

2.

The petitioner shall give his mobile number to the Trial Court and get the same registered, on which SMS shall be received from the CIS and shall not change his mobile number during pendency of the case.

3.

The petitioner shall not change his residence without prior intimation to the concerned Police Station and the Trial Court. 4.

The petitioner shall appear before the Trial Court on each and every date of hearing. 9.

The Trial Court is at liberty to impose any other condition that it may deem appropriate. It is further clarified that in case of default of any of the conditions, the concerned Court is competent to cancel the bail granted to the petitioner.

10.

Nothing contained herein above shall be construed as an expression of opinion on the merits of the case. 11.

Pending applications, if any, shall stand disposed of along with the present petition.

October 15, 2024 (GURBIR SINGH) monika JUDGE Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.