Amar Singh @ Gaggi vs State Of Punjab

Anoop Chitkara, J

FIR No.

Dated

Police Station

Sections

131

14.05.2020

Patran, District Patiala

302, 201, 34 IPC

The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

In paragraph 13 of the petition, it is declared that the accused has no criminal history.

Ld. Counsel for the petitioner contends that the eye witnesses did not support the prosecution’s case and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

The contention on behalf of the State is that important witnesses are yet to be examined.

REASONING:

The petitioner has annexed copies of the statements of PW-1, PW-2, PW-4, and of PW-5, the Doctor. Although the PW-s 1, 2 and 4 did not support the prosecution’s versions, yet there is no explanation that why the statement of PW-3 was not annexed with the petition more so when it has been referred to in the Index. Be that as it may, it is not the case of the petitioner that apart from these witnesses, other witnesses are formal. Thus, an analysis of the allegations and the medical evidence as per which it appears to be a case of preplanned murder, does not warrant the grant of bail to the petitioner.

In the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner fails to make a case for bail at this stage. However, it shall be open for the petitioners to file new bail application(s) in changed circumstances or after recording the statements of witnesses other than official and formal witnesses, whichever is earlier. The dismissal of this petition shall not come in the way while considering the fresh petition(s).

Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments.

Petition dismissed in aforesaid terms. All pending applications, if any, stand disposed.