Single judge granted regular bail to the petitioner in a murder and affray case, observing that no injury was attributed to him, no witnesses were examined, and the trial was delayed by the pandemic.
Petitioner ordered to be released on bail on furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.
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. 1977 of 2020
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In the High Court of Punjab and Haryana at Chandigarh
CRM-M No. 1977 of 2020 Date of Decision: 18.9.2020
Jaswant Singh
......Petitioner
Versus
State of Punjab
......Respondent
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. A.S.Rai, Advocate for the petitioner.
Mr. N.K.Banka, DAG, Punjab.
HARNARESH SINGH GILL, J. (ORAL)
Case is taken up for hearing through video conferencing.
The petitioner seeks regular bail in FIR No. 16 dated 28.1.2019 under Sections 302, 148, 149, 201 and 34 IPC registered at Police Station Tibba, District Police Commissionerate, Luthiana.
Custody certificate by way of affidavit of Deputy Superintendent, Central Prison, Ludhiana has been filed through e-mail. Copy of the same is taken on record.
Learned counsel for the petitioner submits that neither the petitioner has been named in the FIR nor any injury has been attributed to him. Rather, the petitioner has been named by the complainant, in the supplementary statement after two days and he has been in custody since 29.1.2019.
On the other hand, learned State counsel submits that in the GURPREET SINGH 2020.09.18 17:46I attest to the accuracy andsupplementary statement, the petitioner has been specifically named by the integrity of this document Chadigarh
CRM-M No. 1977 of 2020
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complainant. He further submits that charges were framed on 04.7.2019 but out of 21 prosecution witnesses, none has been examined.
The petitioner has been in custody since 29.1.2019. Charges have been framed but no witness have been examined so far. The trial will take time to conclude because of COVID-19 pandemic. No useful purpose would be served by keeping the petitioner behind the bars.
Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.
(HARNARESH SINGH GILL) JUDGE
September 18, 2020 Gurpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
GURPREET SINGH 2020.09.18 17:46 I attest to the accuracy and integrity of this document Chadigarh
3 issues framed by the court
Whether the petitioner is entitled to regular bail in a murder and affray case where no injury is attributed to him and no prosecution witnesses have been examined.
Whether the delay in the trial due to the COVID-19 pandemic justifies granting bail to keep the accused behind bars.
Whether the supplementary statement naming the petitioner after two days tempers with the principle of bail.
5 provisions across 1 enactments
Jaswant Singh
State of Punjab
HARNARESH SINGH GILL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
