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Amandeep Singh @ Amna vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 3 March 2011 · Citation: (2011) 03 P&H CK 0208

HON’BLE JUDGES
S.S. Saron, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 302, 34
CASE NUMBER
Criminal Miscellaneous No. M-33434 of 2010
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Judgment

7 paragraphs · 354 words

S.S. Saron, J.—Heard counsel for the parties.

2.

The Petitioner seeks regular bail in a case registered

3.

The FIR has been registered on the statement of Buta Singh, whose son Kuldip Singh, it is alleged, has been murdered. Kuldip Singh (deceased) was running a PCO in front of his house. On 19.12.2009, Kuldip Singh did not return home and his father-Buta Singh (complainant) searched for him. Then, on 25.12.2009, the complainant came to know that a lady namely Pinki had some relations with Kuldip Singh. Therefore, he suspected that the brothers of Pinki namely Amritpal Singh and Pritpal Singh along with Pinki had kidnapped Kuldip Singh.

4.

The Petitioner is not named in the FIR. He has been involved on the basis of a joint extra-judicial confession of Pritam Singh, Pritapl Singh and Amritpal Singh and the evidentiary value of the same is to be considered by the learned trial Court after evidence has been led. The charges have been framed against the Petitioner for the offences under Sections 302/34 IPC.

5.

On 22.02.2011, learned Counsel for the State has submitted that six prosecution witnesses have been examined. Mr. Mukesh Berry, Addl. A.G., Punjab, submits that the said statement was made on the basis of instructions given by ASI Balwinder Singh, Police Station Raikot. In fact, only 2 PWs namely Swarn Singh (PW-1) and Kewal Singh (PW-2) have been examined. The Petitioner is in custody since February 2010. The trial in the case is likely to take time. The interim order passed by the learned trial Court on 22.01.2011 shows that 2 PWs were present and examined i.e. Swaran Singh and Kewal Singh. Buta Singh was also present. He was bound down for 12.02.2011. Medial evidence was also summoned. On 12.02.2011, Buta Singh did not appear and he has been now summoned through bailable warrants for 12.03.2011. No other PW was present or served.

6.

In the facts and circumstances, the Petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Ludhiana, shall be admitted to bail.

7.

The criminal miscellaneous petition is accordingly disposed of.