Allowed

Gurjant Singh v. State of Punjab

Punjab & Haryana HC14 Jan 2013CRM-M/25145/2012

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 439 Cr.P.C. for regular bail in a murder (honour killing) case. The Court directed the trial court to record the statement of key witness Gurmeet Singh within three months. Upon recording the statement, the petitioner is eligible for bail on furnishing bonds.

What did the court decide?

Trial court directed to record statement of PW Gurmeet Singh within three months; petitioner to be released on bail after recording statement subject to furnishing bonds.

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

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Criminal Misc. No.M-25145 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No.M-25145 of 2012 Date of decision:-14.01.2013

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Gurjant Singh alias Roda

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI

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Present:Mr. S.S.Siao, Advocate for the petitioner.

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Mr. Ankur Jain, AAG Punjab.

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M.M.S. BEDI J.(Oral)

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This petition under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.63 dated 24.6.2011, under Sections 302,364,458,323,147,148,149,506,201 and 120-B IPC, registered at Police Station Bassi Pathana, District Fatehgarh Sahib.

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The petitioner is one of the 25 accused persons, arrested for the honour killing of Ajaib Singh. The only evidence available against the petitioner is the recovery of danda used by him and extrajudicial confession alleged to have been made by him before Gurmeet Singh. It has been informed that Harbans Singh, witness to the recovery has already been examined. Gurmeet Singh, before

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Criminal Misc. No.M-25145 of 2012

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whom the petitioner along with Jaswinder, Jasvir and Devender had made an extra-judicial confession, has not been examined. No doubt, the circumstantial evidence in the shape of extra-judicial confession is generally considered to be a weak evidence but striking a balance between the right of liberty of the petitioner during pendency of the trial and the right of the prosecution agency to produce the evidence unhampered by any threat or interference, I deem it appropriate to dispose of this petition with the direction that the trial court shall record the statement of PW Gurmeet Singh within a period of three months after the next date of hearing. After recording the statement of Gurmeet Singh, the trial court will release the petitioner on bail on his furnishing bail bonds/surety bonds to its satisfaction.

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Disposed of.

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In case the statement of Gurmeet Singh is not recorded within above-said period, it will be open to the petitioner to approach this Court for seeking concession of bail.

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January 14, 2013 Vijay Asija

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( M.M.S. BEDI ) JUDGE

Gurjant Singh v. State of Punjab

Case brief

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Gurjant Singh v. State of Punjab

Case brief

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