The single-judge bench of Justice N.S. Shekhawat of the Punjab and Haryana High Court in the case of Harbhajan Singh Vs State of Punjab granted regular bail to the petitioner on the ground that the petitioner is not in the position to tamper with the prosecution evidence.
BRIEF FACTS
The factual matrix of the case is that the petition was filed under section 439 CrPC for the grant of regular bail, FIR registered under Sections 302, 148, 149, 323 of IPC and Sections 25/27 of the Arms Act.
The learned counsel appearing on behalf of the petitioner submitted that he has been falsely implicated in the present case. It was further submitted that even though the complainant has attributed a specific role to the petitioner in the FIR, but he had concealed the genesis of the occurrence.
The learned counsel appearing on behalf of the state has vehemently contended that the key witness is yet to be examined and the petitioner may try to influence the witness and is not entitled for bail.
COURT’S OBSERVATION
The hon’ble court held that there are no allegations that the present petitioner ever tried to influence any witness acquainted with the facts of the case so as to dissuade him from making a statement before the trial Court. Still further, the witnesses cited in the instant case are either related to the deceased or the official witnesses, consequently, the petitioner would not be in a position to tamper with the prosecution evidence.
Still further, the cross version on the basis of the statement made by co-accused has also been registered in the shape of DDR No.15 and the question of aggressor is yet to be examined by the learned trial Court. The present petitioner is ordered to be released on bail on his executing a bond with two solvent sureties each in a sum of Rs.1 lac to the satisfaction of the concerned trial Court/Chief Judicial Magistrate/Illaqua Magistrate/Duty Magistrate and subject to certain conditions.
CASE NAME- Harbhajan Singh Vs State of Punjab
CITATION- CRM-M-36368-2022
CORUM- Justice N.S. Shekhawat
DATE- 1.11.22
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