High Court of Punjab and HaryanaCRM-M/63009/2023allowed

Shubham Kumar v. State Of Punjab

2023-12-19Mr. Justice Jasjit Singh Bedi2 pages

2023:PHHC:163000

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-63009-2023 Date of Decision : December 19, 2023 Shubham Kumar .....Petitioner Vs.

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Sukhmeet Singh, Advocate for the petitioner.

Mr. Mohit Thakur AAG, Punjab.

JASJIT SINGH BEDI, J. (Oral) The prayer in the present petition is for grant of regular bail to the petitioner in case FIR No.287 dated 22.12.2022 under Sections 302, 307, 427, 148, 149, 34 IPC and under Sections 25 and 27/54/59 of the Arms Act, registered at Police Station Dharamkot, District Moga. The present FIR came to be registered at the instance of Arshdeep Singh @ Ashu, who stated that all the accused, including the present petitioner had committed the murder of Harpreet Singh. The learned counsel for the petitioner submits that Arshdeep Singh @ Ashu-complainant has been examined as PW1 and Sarabjit Singh and Gurpreet Singh have been examined as PW2 and PW3, respectively. None of them have supported the case of the prosecution. As all the material witnesses had turned hostile and the petitioner was in custody since 24.01.2023, he was entitled to the concession of bail. Moreso, when his co-accused Kulbir Singh @ Lovely had been granted bail vide order dated 04.12.2023 (Annexure P-6). SATISH KUMAR 2023.12.19 16:13 I attest to the accuracy and integrity of this document

2023:PHHC:163000 CRM-M-63009-2023 -2The learned State counsel, on the other hand, contends that the allegations levelled against the petitioner and his co-accused did not entitle him to the grant of bail. He, however, concedes that all the three material witnesses have been examined and have not supported the case of the prosecution as also the fact that the petitioner is in custody since 24.01.2023.

I have heard the learned counsel for the parties. Admittedly, all the three material witnesses, including the complainant have been examined and have not supported the case of the prosecution having turned hostile. Whether the remaining evidence available on record is sufficient to affix the guilt of the petitioner shall be adjudicated upon during the course of the trial. Admittedly, the petitioner is in custody since 24.01.2023 and as many as 16 witnesses still remained to be examined. Therefore, the trial of the present case is not likely to be concluded in the near future. In this situation, the further incarnation of the petitioner is not required. In view of the above, the present petition is allowed and the petitioner is ordered to be released on bail, subject to his furnishing bail bonds/surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, concerned.

( JASJIT SINGH BEDI ) December 19, 2023 JUDGE satish Whether speaking/reasoned : YES / NO Whether reportable : YES / NO SATISH KUMAR 2023.12.19 16:13 I attest to the accuracy and integrity of this document