Bench granted bail to petitioner arrested in a murder case involving only circumstantial evidence where trial progress was delayed for over a year.
Petition allowed; petitioner directed to be released on bail to the satisfaction of the Trial Court.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. 18830-M of 2008 (O/M). Date of Decision : August 10, 2009.
Jog Raj son of Sita Ram resident of Panj Mukhi Mandir, Mall Road, Hoshiarpur (Confined in District Jail Hoshiarpur).
...... Petitioner .
Versus.
State of Punjab. ..... Respondent .
CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH.
Present:Mr. J.B.S. Gill, Advocate, for the petitioner .
Mr. Aman Deep Singh Rai, A.A.G. Punjab, for the respondent-State.
AUGUSTINE GEORGE MASIH, J. (ORAL).
Counsel for the petitioner contends that the petitioner was arrested on 07.10.2007 and is in custody since then. He further contends that the case is of only circumstantial evidence as there is no eye witness to the occurrence. He further contends that the witness is only of 'last seen', where it was alleged that he was running away. He contends that out of 16 witnesses, only 2 witnesses have been examined and the next date of hearing is 11.08.2009.
Counsel for the State on the other hand submits that only one injury has been found on the person of Dharminder Singh @ Goldi (deceased), for that the petitioner is being prosecuted. He submits that there is only one accused in the present case and, therefore, the petitioner should not be granted bail.
Criminal Misc. No. 18830-M of 2008.
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Keeping in view the above factual position that there is no direct evidence, which would implicate the petitioner with the crime. He further states that it is a case of circumstantial evidence and there are 16 witnesses, which have been named by the prosecution, have to be examined, out of which only two witnesses have been examined for the last one year and ten months and the trial is not likely to conclude soon. Therefore, the present petition is allowed. The petitioner is directed to be released on bail to the satisfaction of the Trial Court.
Any observation made thereof will have no bearing upon the merit of the case, pending before the Trial Court.
(AUGUSTINE GEORGE MASIH) JUDGE
August 10, 2009. sjks.
1 issue framed by the court
Whether the petitioner is entitled to bail in a case of circumstantial evidence where the trial is likely to conclude only after 10 months and 20 days,.
1 provisions across 1 enactments
Jog Raj
State of Punjab
Augustine George Masih
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
