Nirmal Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-56177-2023 (O&M) Date of decision : 24.04.2024 Nirmal Singh

...Petitioner(s)

Versus

State of Punjab

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. SPS Sandhu, Advocate for the petitioner.

Mr. Neeraj Madaan, Sr.DAG, Punjab.

MAHABIR SINGH SINDHU, J.

Present second petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail pending trial to the petitioner in FIR No.08 dated 07.01.2023, under Sections 302, 323, 325, 148 read with Section 149 of the Indian Penal Code, 1860, registered at Police Station Majitha, District Amritsar. 2.

Allegations are that petitioner along with other co-accused committed murder of Tasvir Kaur, wife of the informant-Surjit Singh. 3.

Learned counsel for the petitioner contends that petitioner was granted interim bail by this Court on 21.11.2023 and he is regularly appearing before learned trial Court. There is no apprehension that petitioner is likely to influence the prosecution witnesses or hamper the trial, in any manner.

-1-

4.

Learned State Counsel, on instructions, has fairly acknowledged the above factual position.

5.

Heard learned counsel for both the sides and perused the paper book.

6.

It is a matter of record that petitioner was granted interim bail by this Court on 21.11.2023 and the order reads as under:- "Contends inter alia that husband as well as son of the deceased are not supporting the case of the prosecution. Mr. C.L.Pawar, Additional Advocate General, Punjab, seeks more time to have further instructions in the matter. Posted for 30.01.2024.

In the meantime, petitioner is ordered to be released on interim bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate, concerned."

7.

It is acknowledged by learned State counsel that in terms of the aforesaid order, petitioner was released on interim bail and he is regularly appearing before learned trial Court; there is no allegation that he is likely to misuse the concession of bail or hamper the proceedings in case his interim bail is made absolute; and as such, sending the petitioner to custody at this stage would not serve any purpose.

8.

Consequently, present petition is allowed. Interim bail granted to the petitioner, vide order dated 21.11.2023, is made absolute. Petitioner shall be admitted to bail on furnishing bail/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

-2-

9.

Petitioner shall appear on each & every date of hearing and to fully co-operate with the learned trial Court without seeking any unnecessary adjournment(s).

10.

The above observations may not be construed as an expression of opinion on the merits of the case. 11.

It is clarified that in case there is any misuse of concession of bail on the part of the petitioner, State of Punjab would be at liberty to move an appropriate application for recalling of this order. 12.

Pending application(s), if any, shall also stand disposed off.

24.04.2024 (MAHABIR SINGH SINDHU) atulsethi JUDGE Whether speaking / reasoned :

Yes No Whether Reportable :

Yes No -3-