Allowed

Manjit Kaur v. State of Punjab

Punjab & Haryana HC8 Apr 2021CRM-M/41370/2020

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed bail petitions filed under Section 439 Cr.P.C. for two petitioners implicated in the same FIR. The court held that prolonged detention served no useful purpose, especially since co-accused with worse roles had already been granted bail.

What did the court decide?

Petitioners admitted to bail to the satisfaction of the trial Court/Duty Magistrate.

Manjit Kaur Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2021)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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201 1) CRM-M-41370-2020 Decided on : 08.04.2021 Manjit Kaur . . . Petitioner(s) Versus State of Punjab . . . Respondent(s) 2) CRM-M-43190-2020 Kartar Chand . . . Petitioner(s) Versus State of Punjab . . . Respondent(s)

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CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

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(Through Video Conferencing)

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PRESENT: Mr. J.S. Bains, Advocate for the petitioner(s).

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Mr. Sidakmeet Singh Sandhu, AAG, Punjab assisted by ASI Harpal Singh. ****

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MANJARI NEHRU KAUL, J. (Oral)

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This order shall dispose of CRM-M-41370-2020 and CRM-M43190-2020, as both the petitions emanate from the same FIR. However, the facts are being extracted from CRM-M-41370-2020.

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The present petitions have been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioners in case FIR No. 219, dated 15.06.2014, registered under Sections 324, 307, 326,302, 148, 149 IPC, lodged at Police Station City Tarn Taran, District Tarn Taran.

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Learned counsel for the petitioner(s) submits that the petitioners have been in custody since 15^th July, 2019 and the trial has not yet concluded, inasmuch as, only 11 out of the 31 prosecution witnesses cited have been examined so far. Learned

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JAWALA RAM 2021.04.09 16:52 I attest to the accuracy and authenticity of this document Chandigarh

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CRM-M-41370-2020 & CRM-M-43190-2020

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- 2 -

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counsel for the petitioner(s) submits that the case of the petitioner(s) is on a better footing as compared to that of co-accused Rakesh @ Vicky, who has since been extended the concession of regular bail by the coordinate Bench of this Court vide order dated 14^th August, 2020. It has been submitted that the petitioner – Manjit Kaur (in CRM-M-41370-2020) has just been attributed fist blows while petitioner – Kartar Chand (in CRM-M-43190-2020) a 'lalkara' at the time of alleged occurrence, as compared to co-accused Rakesh @ Vicky (who was extended the concession of regular bail), who was attributed the fatal injury on the person of the deceased.

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Per contra , learned State counsel has opposed the prayer and submissions made by learned counsel for the petitioner. He has, however, not been able to controvert the factual aspect of the submissions made by the learned counsel for the petitioner(s) with respect to the roles attributed to both the petitioners in the FIR in question. He has conceded that the co-accused Rakesh @ Vicky was attributed the fatal injury on the person of the deceased and he has since been extended the concession of bail.

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Heard.

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Having considered the submissions made by either side and without commenting upon the merits of the case coupled with the fact that the petitioners have been in custody since 15^th July, 2019, further detention of the petitioners will not serve any useful purpose. The petition as such is allowed and the petitioners are admitted to bail to the satisfaction of trial Court/Duty Magistrate.

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(MANJARI NEHRU KAUL) JUDGE

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April 08, 2021

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J.Ram

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Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

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JAWALA RAM 2021.04.09 16:52 I attest to the accuracy and authenticity of this document Chandigarh

Manjit Kaur v. State of Punjab

Case brief

What is this about?

What did the court decide?

Manjit Kaur v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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