Satwant Singh vs State Of Haryana

Manjari Nehru Kaul, J

The present petition has been filed under Section 439 Cr.P.C for grant of regular bail to the petitioner, in case FIR No.102 dated 01.05.2019 registered

under Sections 148, 149, 201, 302, 323, 364 IPC at Police Sation Mullana, District Ambala.

Contends that the petitioner has been nominated as an accused on the basis of disclosure statement allegedly made by main accused-Kuldeep Singh,

the evidentiary value of which is of weak in nature. He further submits that the false implication of the petitioner in the case, in hand, finds credence

from the fact that neither was he named in the FIR, in question, nor was any role attributed to him coupled with the fact that the deceased died after

48 hours and that too 300 kms away from the place of occurrence. It has also been submitted that similarly situated co-accused, Pahal Singh @ Pehl

Singh has since been extended the concession of bail by the Co-ordinate Bench of this Court vide Order dated 30.09.2020 passed in CRM-M

No.22140 of 2020.

Per contra, learned State counsel has opposed the grant of bail to the petitioner, on instructions from ASI Sanjay Kumar. However, he has not been

able to controvert the factual aspect of the submissions so made by learned counsel for the petitioner and has conceded that co-accused Pahal Singh

@ Pehl Singh, who has since been extended the concession of bail is similarly placed as the petitioner.

Heard.

Keeping in view the fact that the petitioner has been in custody since 22.05.2019 and due to the outbreak of the pandemic Covid-19, the trial is unlikely

to conclude in the near future, I deem it a fit case to grant the concession of bail to the petitioner. Therefore, without expressing anything on the merits

of the case, the instant petition is allowed and the petitioner is ordered to be released on bail to the satisfaction of the trial Court/Duty Magistrate

concerned.