Avtar Singh v. State of Punjab

Punjab & Haryana HC25 Feb 2025CRM-M/32188/2024

Case brief

AI extract

What is this about?

Regular bail under Section 439 Cr.P.C. granted to Avtar Singh, father-in-law of deceased, in FIR No.71 dated 21.07.2022, Police Station Bhadson, District Patiala (Sections 498-A, 406, 34 IPC; Section 304-B IPC added later); about 10 months custody; trial commenced; deceased's mother (prosecution witness) declared hostile; no risk of absconding, influencing witnesses or tampering alleged; High Court of Punjab & Haryana at Chandigarh; CRM-M-32188-2024 (O&M); decided 25.02.2025 by Justice Jasgurpreet Singh Puri; advocates R.S. Waraich (Rana) for petitioner and P.S. Bhandari, AAG Punjab for State.

What did the court decide?

Petitioner to be released on regular bail, if not required in any other case, subject to furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned. ¶¶18

Avtar Singh Vs State of Punjab — Murder and Culpable Homicide | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Petitioner to be released on regular bail, if not required in any other case, subject to furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned.

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Issue for consideration

Whether the petitioner, in custody for about 10 months in FIR No.71 dated 21.07.2022 (Sections 498-A, 406, 34 IPC; Section 304-B IPC added later), whose trial has commenced and where the mother of the deceased turned hostile, should be granted regular bail under Section 439 Cr.P.C.

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Court's answer

It is not the case of learned State counsel that if the petitioner is released on bail he may abscond, flee from justice, influence witnesses, or tamper with evidence.

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Ratio / Principle

Considering the petitioner's custody of about 10 months, his role limited to being only the father-in-law of the deceased, and the fact that the mother of the deceased was examined and did not support the prosecution's version, the petitioner deserves the concession of regular bail.

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Key takeaways

Anything observed in the judgment shall not be treated as an expression of opinion on the merits of the case and is meant only for the purpose of deciding the present petition.obiter¶¶19

Detailed headnote1 paragraphs

Regular bail - S.439 Cr.P.C. - Petitioner Avtar Singh, 56-year-old father-in-law of the deceased, in custody about 10 months in FIR No.71 dated 21.07.2022, PS Bhadson, Distt. Patiala (Ss.498-A, 406, 34 IPC; S.304-B IPC added later); trial commenced and the deceased's mother, examined as prosecution witness, was declared hostile; State raised no apprehension of absconding, influencing witnesses or tampering with evidence; bail granted subject to bail/surety bonds to the trial Court/Duty Magistrate, if not required in any other case; observations expressly confined to the bail decision and not to be read as opinion on merits. Single-member bench of Jasgurpreet Singh Puri, J.; decided 25.02.2025 (CRM-M-32188-2024 O&M).

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CRM-M-32188-2024 (O&M) 1

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CRM-M-32188-2024 (O&M) Date of Decision:-25.02.2025

Avtar Singh

......Petitioner

Versus

State of Punjab

......Respondent

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Mr. R.S. Waraich (Rana), Advocate for the petitioner.

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Mr. P.S. Bhandari, AAG, Punjab.

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JASGURPREET SINGH PURI J.(Oral)

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The present is a first petition filed under Section 439 of Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No.71 dated 21.07.2022 under Sections 498-A, 406 and 34 of IPC (Section 304-B of IPC added later on), registered at Police Station Bhadson, District Patiala.

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Learned counsel appearing on behalf of the petitioner submitted that the petitioner is a 56 years old man and the father-in-law of the deceased. He has been in custody for about 10 months and the trial of the case has already commenced. The mother of the deceased has already been examined, but she did not support the prosecution's version and has been declared hostile. He also submitted that, as per the allegations contained in the FIR, the main allegation is against the son of the petitioner, who is the husband of the deceased. It is alleged that he is a drug addict and so far as the present petitioner is concerned, being the father-in-law of the deceased, SHWETA 2025.02.28 15:51 he has been falsely implicated in the present case and has already suffered I attest to the accuracy and integrity of this document

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CRM-M-32188-2024 (O&M) 2

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incarceration for about 10 months and as such he may be considered for the grant of regular bail.

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On the other hand, learned State counsel submitted that, insofar as the custody of the petitioner is concerned, it is correct, and one prosecution witness, who is the mother of the deceased, has already been examined and has not supported the prosecution's version

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After hearing learned counsels for the parties, this Court is of the considered view that it is not the case of learned State counsel that if the petitioner is released on bail, he may abscond, flee from justice, influence witnesses, or tamper with evidence, and considering the aforesaid custody of the petitioner, the role of the petitioner, who is only the father-in-law of the deceased, and the fact that the mother of the deceased has already been examined and has not supported the prosecution's version, the petitioner deserves the concession of regular bail.

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Consequently, the present petition is allowed. The petitioner shall be released on regular bail, if not required in any other case, subject to furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Duty Magistrate concerned.

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However, anything observed hereinabove shall not be treated as an expression of opinion on the merits of the case and is meant for the purpose of deciding the present petition only.

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(JASGURPREET SINGH PURI) JUDGE

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25.02.2025 shweta Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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SHWETA 2025.02.28 15:51 I attest to the accuracy and integrity of this document

Avtar Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Avtar Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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