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Judgment
22 paragraphs · 402 wordsHarnaresh Singh Gill, J
The case is being taken up for hearing through video conferencing. The present petition is for grant of regular bail to the petitioner in case FIR No.345
dated 05.09.2020 (Annexure P1) registered under Section 306 of the Indian Penal Code, 1860 at Police Station Zirakpur, SAS Nagar, Mohali.
Copy of custody certificate by way of affidavit dated 23.12.2020 of the Deputy Superintendent, Central Jail, Patiala, submitted by the learned State
counsel through email, is taken on record.
Learned counsel for the petitioner states that Usha Devi, co-accused of the petitioner, got registered FIR No.338 dated 02.09.2020 under Sections
354, 323, 34 IPC against complainant-Varinder Singh and others regarding an occurrence that took place on 24.08.2020 and present FIR against
petitioner and other co-accused is an counter blast. He further states that co-accused namely, Usha Devi, Baljit Singh, Kuldip Singh and Jagpal Singh
have been granted interim bail vide orders dated 16.10.2020 passed in CRM-M-30758 of 2020 & CRM-M-31416 of 2020 by this Court whereas Jai
Singh has been granted regular bail vide order dated 24.11.2020 passed in CRM-M-37921 of 2020 by this Court. The role attributed to the petitioner is
still under investigation, therefore, it cannot be said at this stage that Shiam Singh committed suicide on account of any overt-act on the part of the
petitioner.
Learned State counsel, on instructions from ASI-Baljinder Singh assisted by learned counsel for the complainant has stated that FSL report has been
received and while vehemently opposing the prayer for grant of bail submits that there being specific allegations against the petitioner thus, no
indulgence is required to be granted to the petitioner.
I have heard learned counsel for the parties.
The petitioner has been in custody since 14.09.2020. The case is at the stage of evidence, yet the trial will take time to conclude, especially due to
prevailing situation of COVID-19. Thus, no useful purpose would be served by keeping the petitioner under the bars. Moreover, the co-accused-
Kuldip Singh and others have already been granted anticipatory bail alongwith co-accused Usha Devi (Sarpanch) however, co-accused Jai Singh has
been granted regular bail by this Court.
In view of the above, without commenting anything on the merits, lest it should prejudice the case of either side, the petition is allowed and the
petitioner is ordered to be released on regular bail to the satisfaction of the learned trial Court/ Duty Magistrate.
