Allowed

Gurmeet Singh v. State of Punjab

Punjab & Haryana HC28 May 2013CRM-M/12097/2013

Case brief

AI extract

What is this about?

This judgment grants regular bail to the petitioner, an accused in a murder conspiracy case. The court noted the absence of material linking the petitioner to the specific conspiracy, the fact that the charge-sheet was already submitted, and the lack of need for further custodial interrogation.

What did the court decide?

Petitioner ordered to be released on bail during the pendency of the case, subject to furnishing bail bonds to the satisfaction of the trial court.

Gurmeet Singh Vs State of Punjab — Murder and Culpable Homicide | Punjab & Haryana HC (2013)

¶1

¶2

Crl.Misc.No.M-12097-2013

¶3

In the High Court of Punjab and Haryana at Chandigarh.

¶4

Crl.Misc.No.M-12097-2013 Date of Decision:- 02.07.2013

¶5

Kulwinder Singh @ Kaka

...Petitioner

Versus

State of Haryana

...Respondent

CORAM : HON’BLE MR.JUSTICE NARESH KUMAR SANGHI.

¶11

Present: - Mr.Atul Lakhanpal, Sr. Advocate, with Mr.Arjun Lakhanpal, Advocate for the petitioner.

¶12

Mr. Anupam Sharma, AAG, Haryana.

¶13

NARESH KUMAR SANGHI,J.

¶14

Prayer in this petition is for grant of regular bail to the petitioner, Kulwinder Singh @ Kaka, who has been booked for having committed the offences punishable under Sections 120-B, 148 and 302 read with Section 149, IPC and Section 25 of the Arms Act, in a case arising out of FIR No.94, dated 12.03.2012, registered at Police Station, Ambala Cantt.

¶15

Learned counsel contends that even if the whole case of the prosecution is taken at its face value then also the mischief of Section 120-B, IPC, is not attracted qua the petitioner; that concededly, the petitioner was not present at the spot when the injuries were caused to Kewal Singh (since deceased); that the petitioner is behind the bars from 17.03.2012 and after investigation, the charge-sheet (report under Section 173, Cr.P.C.) has been submitted, therefore, his further custodial interrogation

¶16

Crl.Misc.No.M-12097-2013

¶17

¶18

is not required.

¶19

Learned counsel for the State, on instructions from SI Jagdish Kumar, Police Station, Ambala Cantt., fairly conceded that the petitioner was not present at the spot and the only evidence emerged against him is that he conspired with the main accused for committing the murder of Kewal Singh (since deceased).

¶20

Heard.

¶21

A specific question was put to the Sub Inspector, who has brought the police file, to show the material connecting the petitioner with the conspiracy for committing the murder of Kewal Singh but he was unable to show any statement that the petitioner conspired with the co-accused for the commission of murder of Kewal Singh (since deceased). The petitioner is behind the bars from 17.03.2012. The charge-sheet (report under Section 173, Cr.P.C.) has already been submitted and the case is fixed for recording the prosecution evidence.

¶22

Keeping in view the peculiar circumstances of the case, the present petition is allowed. Petitioner-Kulwinder Singh @ Kaka, s/o Basabt Singh, r/o Shahpur, Police Station, Parao, Ambala Cantt, is ordered to be released on bail during the pendency of the present case, subject to his furnishing bail bonds to the satisfaction of the learned trial court.

¶23

(NARESH KUMAR SANGHI) JUDGE

¶24

02.07.2013 Anoop

¶25

Crl.Misc.No.M-12097-2013 3

Gurmeet Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Gurmeet Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Balwinder Singh & Anr. Vs State of Punjab

Balwinder Singh Vs State of Haryana

Ravneet Singh Vs State of Punjab

Deepak Vs State of Haryana

Samunder Vs State of Haryana

Baldev Dhanju Vs State of Punjab and Ors.