Punjab-Haryana High Court
Manpreet Singh vs State Of Punjab on 21 September, 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
215
CRM-M-37305-2022
Decided on : 21.09.2022
Manpreet Singh
. . . Petitioner(s)
Versus
State of Punjab
. . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. SPS Sidhu, Advocate
for the petitioner.
Mr. AS Sandhu, AAG, Punjab.
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SANJAY VASHISTH, J. (Oral)
The instant petition has been filed under Section 439 of the Code
of Criminal Procedure, 1973, for grant of regular bail to the petitioner -
Manpreet Singh, who has been booked for having committed the offences
punishable under Sections 302, 452, 324, 323, 148, 149, 120-B of IPC, in
FIR No. 70, dated 21.09.2019, registered at Police Station Talwandi Bhai,
District Ferozepur, during the pendency of trial.
On previous date of hearing, contentions of learned counsel for
the petitioner were recorded, which says as under:-
"Learned State counsel has filed the custody certificate dated
27.08.2022 of the petitioner in Court today. Same is taken on
record, subject to all just exceptions. Office to tag the same at
appropriate place.
A copy thereof has been handed over to the counsel
opposite.
By reading out of the contents of the FIR, learned
counsel for the petitioner contends that petitioner Manpreet Singh
has been attributed the role of causing simple injury by gandasi
blow on the left hand of the deceased Naginder Singh. He further
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2022.09.22 11:59
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authenticity of this order/judgment.
contends that it is a case where all the family members have been
implicated, whereas, it might be a case of use of one gandasi.
Learned counsel for the petitioner further submits
that the petitioner is a young boy of 19 years of age and his
complete career would be ruined, if he is kept in jail for an
indefinite period, and found innocent after completion of the trial.
He further submits that otherwise also, challan in the present case
was submitted in December, 2019 and till date prosecution has
failed to examine the material witnesses.
Learned counsel for the petitioner submits that in
September 2022, the petitioner would complete three years of
custody and no progress in the trial is deeply prejudicing rights of
the petitioner, as his liberty is curtailed.
Learned State counsel is directed to file status report
regarding the trial.
Adjourned to 21.09.2022."
In compliance to the order dated 29.08.2022 of this Court,
learned State counsel has filed the status report by way of an affidavit of
Sandeep Singh, PPS, DSP (Rural), Ferozepur, in Court today, which is taken
on record, subject to all just exceptions. Office to tag the same at appropriate
place.
A copy thereof has been handed over to the counsel for the
petitioner.
In response to the submissions recorded in order dated
29.08.2022, learned State counsel submits that it is a serious matter in which
petitioner has been attributed specific injury on the hand of the deceased.
On asking by the Court about the stage of trial, learned State
counsel submits that challan was submitted on 08.12.2019 and recording of
evidence is yet to start. He also agrees that while considering the prayer for
bail of co-accused Amandeep Singh and granting him bail vide order dated
13.05.2022 (Annexure P-3), Coordinate bench of this Court has also noticed
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2022.09.22 11:59
I attest to the accuracy and
authenticity of this order/judgment.
the factum of long incarceration and slow progress in the case. However,
present petitioner is not seeking parity with the role attributed to the said
accused Amandeep Singh.
After considering the submissions of both the sides, perusing the
record with their able assistance, and considering all the factors recorded
hereinabove, this Court is of the view that a person cannot be kept inside jail
for indefinite period, that too, when the period of three years of custody has
already been undergone and no witness from the side of the prosecution has
been examined so far.
Accordingly, the present petition is allowed. Petitioner is
ordered to be released on bail in this case, subject to his furnishing bail/surety
bonds to the satisfaction of the learned Trial Court/ Chief Judicial Magistrate/
Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other
case.
It is made clear that the petitioner shall not extend any threat and
shall not influence any prosecution witnesses in any manner directly or
indirectly.
The observation made here-in-above shall not be construed as an
expression on the merits of the case and the Trial Court shall decide the case
on the basis of evidence available on record.
(SANJAY VASHISTH)
JUDGE
September 21, 2022
J.Ram
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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2022.09.22 11:59
I attest to the accuracy and
authenticity of this order/judgment.
