Judgment:
Crl.M.No.M-19906 of 2014 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.No.M-19906 of 2014 (O&M) Date of Decision: June 16, 2014 Amar Singh .....Petitioner v.
State of Punjab ......Respondent CORAM: HON'BLE MR.JUSTICE NARESH KUMAR SANGHI Present: Ms.Dhivya Jerath, Advocate for the petitioner.
Ms.Deipa Singh, Addl.A.G.Punjab.
Mr.A.S.Cheema, Advocate for the complainant....NARESH KUMAR SANGHI, J.
Prayer in this petition is for grant of anticipatory bail to the petitioner, Amar Singh, aged 60 yeaRs.son of Gurdial Singh, son of Sucha Singh, resident of Village, Bhame Kalan, District Mansa, who has been booked for having committed the offence punishable under Sections 148, 302 read with Section 149, IPC, in a case arising out of FIR No.05, dated 03.02.2013, registered at Police Station, Kot Dharmu, District Mansa.
Learned counsel contends that during investigation the petitioner was declared innocent and, as such, the chargesheet (report under Section 173, Cr.P.C.) was filed against the Co.Meenu 2014.06.16 15:43 I attest to the accuracy and integrity of this document chandigarh Crl.M.No.M-19906 of 2014 (O&M) -2- accused of the petitioner.
During trial, part deposition of complainant Gurpreet Singh was recorded and thereafter an application under Section 319, Cr.P.C.was presented for summoning of the petitioner; the same was allowed and the petitioner had been summoned.
She further contends that even if the whole case, as propounded in the FIR, is taken at its face value, then also no specific role was assigned to the petitioner.
She further contends that complainant Gurpreet Singh has improved his deposition to a larger extent.
It has also been contended that the custody of the petitioner is not at all essential in the present case.
Learned counsel for the State very fairly submits that during investigation no material came on police file to connect the petitioner with the alleged murder of Binder Singh.
She further concedes that no specific role was assigned to the petitioner with regard to causing of injuries to Binder Singh.
It has also been conceded that during investigation or trial the petitioner had not misused his liberty, in any manner.
Learned counsel for the complainant submitted that serious offence of murder was committed by the petitioner and his co-accused, therefore, he is not entitled to bail.
However, he fairly concedes that the fatal injury was not attributed to the petitioner.
Heard.
In view of the fact that no specific allegation was Meenu 2014.06.16 15:43 I attest to the accuracy and integrity of this document chandigarh Crl.M.No.M-19906 of 2014 (O&M) -3- levelled against the petitioner with regard to causing of injuries to Binder Singh since deceased and that during investigation he was declared innocent by the police, therefore, police custody of the petitioner is not required.
He would face the trial even if he is ordered to be released on anticipatory bail.
In view of the totality of the facts and circumstances of the case, the present petition is allowed.
On appearance of the petitioner before the learned trial Court on or before the date fixed, he shall be admitted to bail subject to his furnishing bail bonds to its satisfaction.
June 16, 2014 (NARESH KUMAR SANGHI) meenu JUDGE Meenu 2014.06.16 15:43 I attest to the accuracy and integrity of this document chandigarh