Hira Singh v. State Of Punjab

-1CRM-M-61252 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-61252 of 2024 (O&M) Date of decision : 02.05.2025 Hira Singh ... Petitioner

Versus

State of Punjab .. Respondent CORAM : HON'BLE MR. JUSTICE H.S. GREWAL Present:- Mr. Vikramjeet Singh, Advocate for the petitioner.

Mr. Kamalpreet Bawa, AAG, Punjab.

*** H.S. Grewal, J. (Oral) This is a petition for regular bail filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in case bearing FIR No.116 dated 06.04.2024 under Sections 379, 411, 201 of IPC and Sections 25, 27, 54 and 59 of Arms Act registered at Police Station Goindwal Sahib, District Tarn Taran.
  The case of the prosecution is that the petitioner was apprehended alongwith 03 co-accused while riding on two stolen motor cycles. A country made pistol of .32 bore alongwith 03 live cartridges were also recovered from the present petitioner.

3.

Learned counsel for the petitioner contends that The petitioner is behind bars since 06.04.2024 and has undergone 01 year and 22 days of incarceration. He further contends that out of 09 prosecution witnesses cited by the prosecution, only 01 Prosecution Witness has been examined so far. 4.

Learned counsel for the State vehemently opposes the grant of concession of regular bail by way of filing custody certificate dated 01.05.2025 and submits that the petitioner is involved in one more case. However, he does not refute the fact that out of 09 witnesses, only 01 prosecution witness has been examined so Sonia Puri 2025.05.03 15:10 I attest to the accuracy and integrity of this document

-2CRM-M-61252 of 2024 far.

6.

I have heard learned counsel for the parties and have gone through the material placed on record.

7.

Keeping in view the facts and circumstances of the present case, and the fact that the petitioner is in custody for a period of 01 year and 22 days and only one witness out of total 09 Prosecution Witnesses has been examined so far and therefore, the conclusion of the trial is likely to take long time, I deem it a fit case to grant the concession of regular bail to the petitioner. 8.

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 bonds to the satisfaction of the trial Court/Duty Magistrate concerned. The pending application(s), if any, also stand disposed of. 9.

It is however, made clear that in case during his bail, the petitioner indulges in any offence, the State shall be at liberty to file an application for cancellation of bail of the petitioner.

02nd May, 2025 (H.S. GREWAL) Sonia Puri JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Sonia Puri 2025.05.03 15:10 I attest to the accuracy and integrity of this document