Gurdeep Singh v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 18.08.2025 GURDEEP SINGH ... PETITIONER

VERSUS

STATE OF PUNJAB ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Tushar Sharma, Advocate for Mr. Rakesh Kumar, Advocate for the petitioner. Mr. Amit Rana, Sr.DAG, Punjab.

H.S. Grewal, J.(Oral) 1.

This petition has been filed for grant of regular bail under Section 483 of BNSS in case FIR No. 52 dated 24.07.2020 under Sections 302/201/120-B of IPC registered at Police Station, Dhilwan, District Kapurthala.

2.

The case of the prosecution is that dead-body of the deceased namely Deepak Hira was recovered from river Beas at village Mand on 24.07.2020. Thereafter on 04.08.2020, statement of the complainant namely Sher Singh was recorded to the effect that his son was murdered by the petitioner, as he was aware that the petitioner had quarrelled with his son on a previous occasion.

-23.

Learned counsel for the petitioner submits that the case is based on circumstantial evidence. The FIR has been lodged on the basis of the statement of the complainant i.e. father of the deceased, who was not even present at the spot. The statement of the complainant was recorded after a long period which was concocted and planned. The petitioner is in custody since 31.07.2021.

4.

Learned State counsel vehemently opposes the grant of regular bail to the petitioner. He has filed the custody certificate of the petitioner in the Court today and the same is taken on record. As per custody certificate, the petitioner is in custody for the last 03 years 04 months and 12 days. He further submits that out of 32 cited prosecution witnesses, only one has been examined.

5.

I have heard the learned counsel for the parties and perused the record.

6.

Keeping in view the above and the fact that the petitioner is in custody for the last 03 years 04 months and 12 days; only one witness has been examined so far; the continuous detention of the petitioner would not serve the ends of justice, therefore, this Court deems it a fit case to grant the concession of regular bail to the petitioner during the pendency of the trial. 7.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds, surety bonds to the

-3satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.

8.

It is clarified that if on bail so granted through the instant order, the applicant is found indulging in any other criminal case it shall be open to the State to seek cancellation of his bail.

(H.S.GREWAL) 18.08.2025 JUDGE renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No