Jagtar Singh @ Safri vs State Of Punjab
2022 Latest Caselaw 6541 P&H

                             IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                           211                                        CRM-M No.23944 of 2022
                                                                      Date of Decision : 11.07.2022


                           Jagtar Singh @ Safri                                           ....Petitioner

                                                            VERSUS

                           State of Punjab                                              ....Respondent

                           CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                           Present :   Mr. Kanwaljit Singh Brar, Advocate for the petitioner.

                                       Ms. Rukhsaar Dhindsa, AAG Punjab.

                           ALKA SARIN, J. (Oral)

This is the third application for grant of regular bail to the

petitioner in FIR No.158 dated 04.08.2020 (Annexure P-1) under Sections

304 and 120-B of the Indian Penal Code, 1860, registered at Police Station

Sangat, District Bathinda.

Earlier petitions filed by the petitioner being CRM-M-40603-

2020 and CRM-M-14878-2021 were dismissed as withdrawn on 17.12.2020

and 25.08.2021, respectively.

Learned counsel for the petitioner would contend that the

petitioner has been in custody since 08.08.2020. The challan in the present

case was presented on 19.10.2020 and charges were framed on 25.03.2021.

However, the prosecution evidence is yet to commence. Learned counsel for

the petitioner would further contend that the alleged incident is dated

16.10.2019 and FIR was lodged on 04.08.2020, after a delay of 10 months.

Learned counsel for the petitioner would further contend that the petitioner

has been implicated in the present case only on the basis of the last seen

theory that too on investigation alleged to have been carried out by the JITENDER KUMAR 2022.07.12 10:51 I attest to the accuracy and authenticity of this order/judgment Chandigarh

mother of the deceased and that there is no other incriminating evidence

linking the petitioner to the incident. Learned counsel for the petitioner has

relied on order dated 19.05.2022 passed by this Court in CRM-M-20715-

2022 (Jasveer Singh @ Seera vs. State of Punjab) to contend that similarly

situated co-accused has since been granted bail by this Court.

Custody certificate dated 11.07.2022 by way of an affidavit of

Sh. ND Negi, Superintendent of Central Jail, Bathinda filed by the learned

counsel for the State, is taken on record.

Learned counsel for the State has contended that there are

grievous allegations against the petitioner and as per the postmortem report,

cause of death was opined as hemorrhage and shock resulting from injuries

sustained antemortem which was sufficient to cause death in ordinary course

of nature. Learned counsel for the State is, however, not in a position to deny

the fact that the petitioner has been in custody for a period of more than 01

year and 11 months and there is no other case pending against the petitioner.

She is also not in a position to deny the fact that there is a delay of 10

months in lodging the FIR as also the fact that the petitioner has been

implicated only on the basis of the last seen theory.

The petitioner has been in custody since 08.08.2020 and there is

no other case pending against the petitioner. Further, there is a delay of 10

months in lodging the FIR and the petitioner has only been implicated in the

present case on the basis of last seen theory. Further, a similarly situated co-

accused, namely, Jasveer Singh @ Seera, has been granted regular bail by

this Court vide order dated 19.05.2022 passed in CRM-M-20715-2022. The

trial is likely to take some time to conclude as evidence is yet to commence. JITENDER KUMAR 2022.07.12 10:51 I attest to the accuracy and authenticity of this order/judgment Chandigarh

No useful purpose would be served by keeping the petitioner behind the bars

any further.

Keeping in view the above facts and without commenting upon

the merits of the case, I deem it to be a fit case to grant the concession of

regular bail to the petitioner. The petitioner is directed to be released on bail

subject to his furnishing bail bonds/surety bonds to the satisfaction of the

Illaqa Magistrate/Duty Magistrate/Trial Court concerned.

However, the Prosecution will always be at liberty to apply for

cancellation of bail in case the petitioner is found to be misusing the

concession of bail in any manner.

It is also made clear that any observation made herein shall not

be treated as an expression of opinion on the merits of the case.

Disposed off.

                                                                                        ( ALKA SARIN )
                           11.07.2022                                                       JUDGE
                           jk

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

JITENDER KUMAR 2022.07.12 10:51 I attest to the accuracy and authenticity of this order/judgment Chandigarh