Allowed

Gurpreet Singh @ Happy v. State of Punjab

Punjab & Haryana HC11 Dec 2014CRM-M/21241/2013

Case brief

AI extract

What is this about?

The High Court rejected the State's and complainant's objections to grant regular bail to the petitioner, who charged with culpable homicide. The Court held that the petitioner's culpability remains unproven, material witnesses (except doctors) had testified, and he did not misuse prior ad-interim bail.

What did the court decide?

Regular bail granted; ad-interim directions made absolute.

Gurpreet Singh @ Happy Vs State of… — Murder and Culpable Homicide | Punjab & Haryana HC (2014)

¶1

Criminal Misc.No.M-21241 of 2013(O&M)

¶2

[1]

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

Criminal Misc.No.M-21241 of 2013(O&M) Date of Decision: December 11, 2014

¶5

Gurpreet Singh @ Happy

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

¶11

Present: Ms.Puja Chopra, Advocate, for the petitioner.

¶12

Mr.Shilesh Gupta, Addl.AG, Punjab.

¶13

Mr.Sarvpreet Gurna, Advocate, for the complainant.

¶14

Naresh Kumar Sanghi, J. (Oral)

¶15

Prayer in this petition, filed under Section 439, Cr.P.C., is for grant of regular bail to the petitioner, Gurpreet Singh @ Happy, who has been booked for having committed the offence punishable under Section 304 read with Section 34, IPC, in a case arising out of FIR No.80, dated 15.07.2011, registered at Police Station, Dehlon, District Ludhiana.

¶16

Learned counsel contends that there is not an iota of evidence to connect the petitioner with the culpable homicide not amounting to murder of Satnam Singh @ Shama; the petitioner, who is aged about 20 years, has already suffered incarceration for 02 years and approximately 05 months; he was

¶17

SEEMA RANI 2014.12.11 16:34 I attest to the accuracy and authenticity of this document Chandigarh

¶18

[2]

¶19

Criminal Misc.No.M-21241 of 2013(O&M)

¶20

granted ad-interim bail on 12.2.2014 and thereafter all the material witnesses except the doctors have already been examined; the petitioner did not misuse the concession of adinterim bail and that to send the petitioner to jail at this stage during trial would not serve any purpose.

¶21

Learned counsel for the State, on instructions from SI Karamjit Singh, Police Station, Dehlon, District Ludhiana, very fairly concedes that the petitioner was granted ad-interim regular bail on 12.02.2014 and during the bail period, he has not misused the said concession. He further concedes that all the material witnesses except the doctors have already been examined.

¶22

Learned counsel for the complainant though opposed the grant of bail but did not controvert the submissions made by the learned counsel for the petitioner.

¶23

I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.

¶24

The culpability on the part of the petitioner has yet to be proved. The material witnesses except the doctors have already been examined. The petitioner remained on ad-interim bail for approximately 10 months but he did not misuse the said concession.

¶25

Keeping in view the totality of the facts and

¶26

SEEMA RANI 2014.12.11 16:34 I attest to the accuracy and authenticity of this document Chandigarh

¶27

Criminal Misc.No.M-21241 of 2013(O&M)

¶28

[3]

¶29

circumstances of the case, the present petition is allowed. The interim directions issued vide order dated 12.2.2014 are made absolute. The bail bonds furnished by the petitioner before the court below in compliance of the order dated 12.2.2014 passed

¶30

by this Court shall enure during pendency of the trial.

¶31

The petitioner shall not in any manner violate the terms and conditions of the bail bonds furnished by him.

¶32

December 11, 2014 (Naresh Kumar Sanghi) seema Judge

¶33

SEEMA RANI 2014.12.11 16:34 I attest to the accuracy and authenticity of this document Chandigarh

Gurpreet Singh @ Happy v. State of Punjab

Case brief

What is this about?

What did the court decide?

Gurpreet Singh @ Happy 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

Monika and Anr. Vs Ut of Chandigarh

Surjit Kaur & Ors. Vs State of Punjab & Ors.

Dilnoza Vs State of Punjab

Parveen Vs State of Haryana

Ajay Kumar Vs State of Haryana

Buta Singh @ Buti Vs State of Punjab