The Court dismissed bail petitions filed at the penultimate stage of trial, holding that evaluating evidence infirmities would prejudice the trial. It directed the trial court to complete proceedings within three months.
Bail petitions dismissed; trial directed to be completed within three months.
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Cr.Misc. NO. M 17034 of 2008
1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr.Misc. NO. M 17034 of 2008 DATE OF DECISION 12.5.2009
Gurmukh Singh@ Vicky
......PETITIONER
VERSUS
State of Punjab and other
......RESPONDENTS
PRESENT: Mr.Ishwar Lal, Advocate Mr. P.S.Sidhu,Addl.A.G.Punjab
M.M.S.BEDI,J.
This order will dispose of two connected petitions filed by Gurmukh Singh (Cr.Misc. M 17034 of 2008) and Mintoo Singh (Cr.Misc. M 29121 of 2008) in a case registered at the instance of Jaswinder Singh, brother of Baljeet Kaur deceased.
Learned counsel for the petitioners have vehemently urged that the petitioners have been falsely implicated in a blind murder case merely on the basis of suspicion. It has also been argued by the counsel for Mintoo Singh that the material witnesses against him have not supported the prosecution version.
After hearing learned counsel for the petitioners and going through the statements of the prosecution witnesses, it appears that the bail is being claimed on the basis of infirmities, contradictions, inadequacy and inadmissibility of the evidence produced by the prosecution. The entire prosecution evidence has been produced except for statements of four witnesses, who are bound down for 15.5.2009.
For the purpose of granting or refusing bail, the said infirmities
Cr.Misc. NO. M 17034 of 2008
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and contradictions cannot be taken into consideration as it will not be appropriate to enter into the niceties of the trial at the penultimate stage of the trial lest it should prejudice the right of the prosecution or the petitioners during trial.
Without expression of any opinion on merits of the case, taking into consideration the stage of trial, both the petitions are dismissed with a direction to the trial court to complete the trial within a period of three months after the next date of hearing. In case the trial cannot be completed within three months after the next date of hearing i.e. 15.5.2009, the petitioners would be at liberty to approach this court again and seek the concession of bail.
May 12 ,2009 ( M.M.S.BEDI ) TSM JUDGE
1 issue framed by the court
Whether bail petitions filed at the penultimate stage of trial can be decided based on alleged infirmities and contradictions in prosecution evidence.
Gurmukh Singh@ Vicky
Mintoo Singh
State of Punjab
M.M.S.Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
