In a criminal miscellaneous bail petition, the Punjab and Haryana High Court granted regular bail to the petitioner, acquitted co-accused, and noted that extended custody served no purpose given the trial's delay.
Petitioner directed to be released on regular bail subject to furnishing bail/surety bonds to the satisfaction of the 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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-39857 of 2018 Date of decision: 20.09.2018
Amrik Singh
..Petitioner
Versus
State of Punjab
..Respondent
CORAM: HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present: Mr. Harvinder Singh Mann, Advocate for the petitioner.
Mr. Amit Mehta, Sr. DAG, Punjab for the respondent -State.
Daya Chaudhary, J. (Oral)
The present petition has been filed by petitioner-Amrik Singh under Section 439 Cr.P.C. for grant of regular bail in case FIR No.111 dated 31.10.2016 registered under Sections 302, 341, 148, 149, 201 read with Section 120-B IPC and Section 27 of the Arms Act at Police Station Sadar Mansa, District Mansa.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case whereas he was not involved. As per allegations levelled against the petitioner, he came at the alleged spot and was sitting on the tractor along with co-accused Tarsem Singh @ Seemi and one Sandeep @ Seepa was driving the tractor. The petitioner caught hold the deceased along with other co-accused and gave beatings. Learned counsel further submits that allegations have been falsefied by MLR as deceased suffered only one injury and the same has been attributed to main
NEETU RANI 2018.09.22 13:46 I attest to the accuracy and integrity of this document High Court Chandigarh
Criminal Misc. No. M-39857 of 2018 2
accused-Jeet Singh. Learned counsel also submits that no specific role and injury has been attributed to the petitioner. Allegations are general in nature. Co-accused of the petitioner, namely, Tarsem Singh @ Seemi has been released on regular bail by this Court vide order dated 07.09.2018 passed in Criminal Misc. No. M-11926 of 2018. Other co-accused, namely, Sikander Singh @ Babbu and Gurpreet Singh have been released on regular bail by this Court in Criminal Misc. No. M-23202 of 2017 vide order dated 12.07.2017 and Criminal Misc. No. M-2864 of 2018 vide order dated 01.02.2018, respectively. Even co-accused Jasvir Kaur, who actively participated and instigated in the alleged incident as per version of the complainant, has been released on regular bail by this Court vide order dated 12.07.2017 passed in Criminal Misc. No. M-23178 of 2017. The petitioner is in custody since 03.11.2016. All the material witnesses have been examined. The trial still may take some time to conclude. No purpose would be served by keeping the petitioner in custody.
Learned State counsel has not disputed the custody period as well as release of co-accused as mentioned above on regular bail by this Court.
Heard arguments of learned counsel for the petitioner as well as learned State counsel and have also perused the contents of the FIR and other documents available on the file.
Admittedly, co-accused of the petitioner, namely, Sikander Singh @ Babbu, Gurpreet Singh, Jasvir Kaur and Tarsem Singh @ Seemi have been released on regular bail by this Court. The petitioner is in custody since 03.11.2016. All material witnesses have been examined. The trial may
NEETU RANI 2018.09.22 13:46 I attest to the accuracy and integrity of this document High Court Chandigarh
Criminal Misc. No. M-39857 of 2018 3
take some time to conclude and no purpose would be served by keeping the petitioner in custody.
Accordingly, the present petition is allowed and petitioner (Amrik Singh) is directed to be released on regular bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court.
20.09.2018 (DAYA CHAUDHARY) neetu JUDGE Whether speaking/reasoned Yes Whether Reportable Yes
NEETU RANI 2018.09.22 13:46 I attest to the accuracy and integrity of this document High Court Chandigarh
3 issues framed by the court
Whether regular bail should be granted to the petitioner who is in custody for alleged murder and related offences.
Whether the release of co-accused on regular bail and lengthy trial justify granting bail to the petitioner.
Whether the petitioner poses a flight risk or threat to society warranting continued detention.
3 provisions across 3 enactments
Amrik Singh
State of Punjab
Daya Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
