The Punjab and Haryana High Court granted regular bail to the petitioner in an IPC 379-B case, noting the victim failed to support the prosecution and the petitioner is a first offender in long custody.
Petitioner directed to be released on bail subject to furnishing surety bonds to the satisfaction of trial authorities.
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 No.6315 of 2019
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.6315 of 2019 Decided on: 02.05.2019
Inderjeet Singh
....Petitioner
Versus
State of Punjab
....Respondent
CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN
Present : Mr. Vinod K. Kaushal, Advocate for the petitioner.
Mr. Joginder Pal Ratra, DAG, Punjab.
ARVIND SINGH SANGWAN, J. (Oral)
Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.245 dated 16.12.2018, for offence punishable under Section 379-B of the Indian Penal Code, 1860 (in short 'IPC'), registered at Police Station Islamabad, Police Commissionerate Amritsar, District Amritsar.
Counsel for the petitioner has submitted that the victim i.e. PW2 – Ravneet Kaur has not supported the prosecution version and rather in the cross-examination, she has stated that she has seen the accused/petitioner for the first time in the Court and at the place of occurrence, she has not seen the accused. It is further submitted that since the complainant/victim has not supported the prosecution version, there is no possibility of winning over any of the prosecution witness and only the official witness remain to be examined. It is also submitted
MOHD YAKUB 2019.05.02 16:00 I attest to the accuracy and authenticity of this document. Punjab and Haryana High Court, Chandigarh.
CRM-M No.6315 of 2019 2
that the petitioner is the first offender and he is in custody since 16.12.2018 and it will take some time in conclusion of the trial.
Counsel for the State, on instructions from ASI Gurpreet Singh, has not disputed the factual position but opposed the prayer for bail.
Without commenting anything on merits of the case, considering the fact that the complainant has not supported the prosecution version; the petitioner is the first offender and he is in custody since 16.12.2018 and conclusion of the trial is likely to take some time, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.
However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner.
| (ARVIN |
D SINGH SANGWAN) JUDGE |
||
|---|---|---|---|
| 02.05.2019 | |||
| yakub | |||
| Whether speaking/rea | soned | Yes/No | |
| Whether reportable: | Yes/No |
MOHD YAKUB 2019.05.02 16:00 I attest to the accuracy and authenticity of this document. Punjab and Haryana High Court, Chandigarh.
1 issue framed by the court
Whether the petitioner is eligible for regular bail under Section 439 Cr.P.C. considering the victim did not support the prosecution version.
2 provisions across 2 enactments
Inderjeet Singh
State of Punjab
Arvind Singh Sangwan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
