High CourtsSingle Bench

Karam Singh @ Karamjit Singh and another vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 5 April 2018 · Citation: (2018) 04 P&H CK 0161

HON’BLE JUDGES
Mahabir Singh Sindhu, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 173, 439 · Indian Penal Code 1860 — Section 218, 120-B, 302, 201
RESULT
Allowed
CASE NUMBER
CRM-M-2408 of 2018

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Judgment

16 paragraphs · 293 words

MAHABIR SINGH SINDHU, J.(ORAL)

The present petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.09

dated 14.09.2011registered under Sections 302, 201, 218 and 120-B of the Indian Penal Code at Police Station State Crime SAS Nagar (Mohali),

Punjab.

It is contended by learned counsel for the petitioners that the petitioners are in custody since 08.12.2017 and the report under Section 173 Cr.P.C.

has already been submitted and charges are yet to be framed. It is further contended that the co-accused including the main accused namely,

Chamkaur Singh s/o Malkit Singh have already been acquitted by learned trial Court vide judgement dated 07.11.2013 and there is no specific

allegation against the present petitioners.

On instructions from Inspector Kulwinder Singh, learned State counsel has duly acknowledged the above factual position. Heard learned counsel for

the parties and perused the paper book.

In view of the fact that the ,main accused has already been acquitted by learned trial Court on the basis of the same evidence of the prosecution

witnesses who are to be examined against the petitioners and they are in custody since 18.12.2017 and the report under Section 173 Cr.P.C. has

already been submitted. The trial is likely to take a long time to be concluded and as such no useful purpose would be served by keeping the

petitioners behind the bars any more. Therefore, in view of the abovesaid circumstances, without expressing any opinion on the merits of the case,

this petition is accepted. Petitioners namely, Karam Singh @ Karamjit Singh and Rajinder Singh @ Harjinder Singh be admitted to bail on their

furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court.