High CourtsSingle Bench

Pankaj Rajput vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 12 July 2021 · Citation: (2021) 07 P&H CK 0011

HON’BLE JUDGES
Anupinder Singh Grewal, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 120B, 201, 302
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 52377 Of 2019
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Judgment

18 paragraphs · 332 words

Anupinder Singh Grewal, J

Heard through video conferencing.

The petitioner is seeking regular bail in FIR No.78 dated 22.05.2019, under Sections 302, 201 and 34 IPC (Section 120-B IPC added later on),

registered at Police Station Dugri, District Ludhiana.

Learned counsel for the petitioner contends that the petitioner is not named in the FIR. The petitioner has been arraigned as an accused on the

statement of the co-accused Mandeep Singh. The case of the prosecution is that the co-accused Sunita Devi, who is the wife of the deceased and

Mandeep Singh were in a illicit relationship and had conspired to eliminate the deceased. There is no motive which is attributed to the petitioner. The

petitioner was in custody in another case at the time of the occurrence and it is alleged in the statement of Mandeep Singh that the petitioner had

introduced the co-accused Mandeep Singh to other persons who helped him in the commission of the offence. He also contends that the cause of

death is 1 of 2 strangulation and besides the mark on the neck, there is only one other injury on the head of the deceased. The petitioner is in custody

for over 2 years.

Learned State counsel, upon instructions from ASI Sanjiv Kumar, contends that challan has been filed but no prosecution witness has been examined.

He also contends that in view of the serious allegations against the petitioner, he is not entitled to the concession of regular bail.

Heard.

In view of the above, especially when the petitioner is in custody for over 2 years, the COVID-19 pandemic and the conclusion of the trial is likely to

take some time, I deem it a fit case to grant the concession of regular bail to the petitioner.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular

bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.