The High Court, treating the case on the same parity as co-accused who were already granted bail, allowed the petition for regular bail under Section 439 Cr.P.C., ordering release pending furnishing of bonds.
Petitioner ordered to be released on regular bail on the same parity as co-accused, subject to furnishing bail and surety bonds.
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.
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CRM-M-1926 of 2019
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-1926 of 2019 Date of Decision: 11.04.2019
Shingara Singh
....Petitioner
Versus
State of Punjab
....Respondent
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present: - Mr. P.S. Khurana, Advocate, for the petitioner. Mr. Amandeep S. Gill, DAG, Punjab.
RAMENDRA JAIN, J. (ORAL)
Through this petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to the petitioner in a case arising from FIR No.183 dated 13.10.2017 registered under Section 306 IPC at Police Station City Samana, District Patiala.
Learned counsel for the petitioner contends that co-accused of the petitioner, namely, Murti Devi, Harbans Singh and Sarabjit Kaur have already been granted concession of regular bail by this Court vide orders dated 07.09.2018, 25.03.2019 and 26.03.2019 passed in CRM-M-31201 of 2018, CRM-M-12496 of 2019 and CRM-M-12705 of 2019, respectively. Therefore, treating the case of the petitioner on same parity, he may be enlarged on bail. Learned counsel further contends that alleged hand writing of the suicide note left by deceased Balkar Singh, does not match with his standard hand writing. Therefore, it has been proved that the
petitioner has falsely been implicated. The petitioner is in custody since RAVINDER SINGH 2019.04.12 09:20 I attest to the accuracy and integrity of this documentDecember, 2017. Conclusion of trial may take sufficient long time and no
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CRM-M-1926 of 2019
useful purpose will be served by detaining the petitioner any more in jail.
On the other hand, learned State counsel vehemently opposed the bail application of the petitioner.
Having given thoughtful consideration to the submissions made by learned counsel for the parties, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, the petitioner is ordered to be released on bail on the same parity as that of his aforesaid co-accused, subject to his furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court/Duty Magistrate.
(RAMENDRA JAIN) April 11, 2019 JUDGE R.S. Whether speaking/reasoned Yes/No Whether Reportable Yes/No
RAVINDER SINGH 2019.04.12 09:20 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether the petitioner may be released on regular bail on the same parity as his co-accused granted bail earlier by this Court.
Whether the petitioner's detention in jail serves any useful purpose given the alleged mismatch in handwriting of the suicide note.
Whether the petitioner has been falsely implicated in the case arising from a suicide of Balkar Singh.
1 provisions across 1 enactments
Shingara Singh
State of Punjab
RAMENDRA JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
