The High Court of Punjab and Haryana granted regular bail to Sajjan Singh acquitted of no guilt merits but released him due to prolonged incarceration and trial delays without expressing opinion on case merits.
Released on regular bail on furnishing bail bond and surety bond to the satisfaction of the concerned trial Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM-M-18938 of 2018
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM-M-18938 of 2018 Date of Decision: 25.05.2018
Sajjan Singh ....Petitioner
VERSUS
State of Punjab ....Respondent
CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. Vineet K. Jakhar, Advocate for the petitioner.
Mr. Amandeep Singh Gill, Sr. DAG, Punjab.
Mr. Amrinderjit Singh, Advocate for the complainant.
SURINDER GUPTA, J.(Oral)
The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.13 dated 14.03.2017 registered for the offences punishable under Sections 302/34 of Indian Penal Code (for short, “IPC”) and 25/27 of the Arms Act, at Police Station Bhaini Mian Khan, District Grudaspur.
Heard.
As per case of prosecution, father of complainant was caught hold by petitioner and his co-accused, namely, Sumeet Singh (since proclaimed offender) and at the lalkara of Sumeet Singh, Surjit Singh (since deceased) fired shot at father of complainant, which hit on his neck. On being taken to hospital, he was declared dead.
Learned State counsel submits that challan has been presented and charges have also been framed against the petitioner. He submits that Jitender Kumar main accused Surjit Singh has already died while co-accused, namely, Sumeet 2018.05.25 17:23 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH
CRM-M-18938 of 2018
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Singh is proclaimed offender. Petitioner has been falsely implicated in this case due to political rivalry. The prosecution version that petitioner alongwith Sumeet Singh had caught hold of deceased, who was fired from a distance by Surjit Singh is improbable on the face of it as nobody will take risk of being fired towards him.
Petitioner was not armed at the time of occurrence. Probability of prosecution version will be subject of judicial scrutiny during trial which call for no comments at this stage. However, keeping in view the period of incarceration of petitioner; that conclusion of trial will take time and that main witnesses have already been examined, but without expressing any opinion on merits of the case, the present petition is allowed. Petitioner-Sajjan Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:-
(a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.
(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.
(c) He shall not leave the country without the previous permission of the Court.
May 25, 2018 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No
Jitender Kumar 2018.05.25 17:23 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH
2 issues framed by the court
Whether bail should be granted to the petitioner charged with offences under Sections 302/34 IPC and Arms Act considering the period of incarceration and trial delays.
Whether the court should express an opinion on the merits of the case while granting bail kept subject to judicial scrutiny during trial.
3 provisions across 3 enactments
Sajjan Singh
State of Punjab
SURINDER GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
