Allowed

Surjit Singh v. State of Punjab and Anr.

Punjab & Haryana HC16 Jan 2013CRM-M/21159/2012

Case brief

AI extract

What is this about?

Petitioner sought pre-arrest bail in a murder complaint alleging abducted-deceased was thrown before a train. Court noted similarly placed co-accused already granted bail and issued orders. Person is entitled to anticipatory bail making interim bail petition absolute. Proceeding allowed with order made absolute.

What did the court decide?

Anticipatory bail granted against death penalty sections; interim anticipatory bail order made absolute.

Surjit Singh Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2013)

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Crl. Misc. No. M- 21159 of 2012

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Crl. Misc. No. M- 21159 of 2012 Date of decision. 16.01.2013

Surjit Singh

....... Petitioner

Versus

The State of Punjab and anr.

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........Respondents

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CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK

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Present:Mr. Veneet Sharma,Advocate for the petitioner.

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Mr. Amit Chaudhary, DAG, Punjab for the State.

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Mr. R.K. Rana, Advocate for respondent no.2.

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VIJENDER SINGH MALIK, J.

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Surjit Singh, the petitioner has sought pre-arrest bail in a complaint case titled as 'Kartar Singh v. Balbir Singh and others' bearing No.556 dated 26.11.2008 for an offence punishable under sections 302, 201 and 120-B IPC, pending in the court of learned Judicial Magistrate Ist Class, Amritsar.

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Crl. Misc. No. M- 21159 of 2012

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Learned counsel for the petitioner has contended that the occurrence is alleged to have taken place on 18.04.2008. According to him, about this very occurrence, FIR was got registered with the police on 26.04.2008, which was got cancelled after due investigation. According to him, the police did not find it to be a case of murder because the dead body of deceased Santokh Singh was found on the railway track. He has further submitted that thereafter Kartar Singh, the father of the deceased filed this complaint and the petitioner and others have been summoned to stand trial in the said case. According to him, Harjinder Singh Bhalla, a co-accused of the petitioner has already been granted regular bail by this court while Amarjit Kaur, Ranjit Kaur and others have been granted anticipatory bail in this case. According to him, the case against the petitioner is at par with the case against the accused, who have been granted pre-arrest bail by this court and therefore, the petitioner is entitled to the said relief.

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Learned counsel for the complainant , who has argued this matter, being a complaint case, has opposed the bail plea. According to him, the deceased has been convicted for murder of Nirmal Singh and Amolak Singh and had been in his village on parole. According to him, on 17.04.2008 he went to village Maneke to attend the shagun ceremony of grandson of the

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Crl. Misc. No. M- 21159 of 2012 ----3--

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complainant and therefrom he was abducted and thrown in front of the running train.

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It is a fact that Amarjit Kaur, Ranjit Kaur and others accused in this case, have been granted pre-arrest bail by this court vide order dated 30.05.2012 in Crl. Misc. No.M-10941 of 2012 and others. Except for the evidence of Lakhwinder having seen the petitioner and others with Santokh Singh, there is no other evidence with the complainant. Even the post mortem report does not suggest any injury, which could be possible to have been received by the deceased while forcibly being thrown before the running train.

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Looking to the fact that similarly placed co-accused namely Amarjit Kaur and others have been granted pre-arrest bail by this court, I find the petitioner to be entitled to anticipatory bail. Consequently, the petition is allowed. The order dated 23.07.2012 granting interim anticipatory bail to the petitioner is made absolute.

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January 16,2013 dinesh

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(Vijender Singh Malik) Judge

Surjit Singh v. State of Punjab and Anr.

Case brief

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Surjit Singh v. State of Punjab and Anr.

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