The single judge allowed bail to the petitioner in a murder case after observing that the witness whose statement led to his arrest turned hostile and the incident occurred years prior to testimony.
Petitioner ordered to be released on bail upon furnishing bail bonds/surety bonds to satisfaction of trial Court.
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Crl. Misc. No. M-16669 of 2011
[1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl. Misc. No. M-16669 of 2011
Date of Decision: November 4, 2011
Manpreet Singh @ Sonu @ Katcha Peela
…..Petitioner
Vs.
State of Punjab
…..Respondent
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr.Malkeet Singh, Advocate for the petitioner.
Mr. Kirat Singh Sidhu, DAG, Punjab.
-.-
M.M.S. BEDI, J. (ORAL)
Petitioner seeks the concession of regular bail in a case of murder of Dilbagh Singh on August 2, 2008. The petitioner was arrested in a case FIR No. 374 dated August 24, 2010 under Sections 399, 402, 379 IPC read with Section 25 of the Arms Act by police of Police Station, Civil Lines, Amritsar, alongwith others while planning to commit robberies in the area of Amritsar.
Crl. Misc. No. M-16669 of 2011 [2]
The petitioner was arrested in the present FIR on the basis of the statement of two PWs i.e. Inderjit Singh son of deceased Dilbagh Singh and Balwant Singh S/o Surjit Singh recorded on August 16, 2010 to the effect that the said PWs heard petitioner talking to his co-accused having committed the murder of Dilbagh Singh and another Surjit Singh without any reason and having not got any benefit out of the said murder. It is an admitted fact that Inderjit Singh has appeared in the Court and resiled from his statement.
In view of the circumstance that the petitioner has been involved in a case of 2008 on the basis of statement of Inderjit Singh and Balwant Singh recorded on August 16, 2010, after a period of about two years of the occurrence and Inderjit Singh PW having turned hostile, the petitioner can be granted the concession of bail.
Petition is allowed. Petitioner is ordered to be released on bail on his furnishing bail bonds/ surety bonds to the satisfaction of the trial Court.
November 4, 2011 (M.M.S.BEDI) sanjay JUDGE
1 issue framed by the court
Whether bail should be granted given the hostile testimony of a witness who provided the basis for arrest in a murder case?
Manpreet Singh @ Sonu @ Katcha Peela
State of Punjab
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
