Punjab-Haryana High Court
Krishan Alias Kishan Singh vs State Of Punjab on 24 April, 2024
Neutral Citation No:=2024:PHHC:055480
CRM-M-463-2024 2024:PHHC:055480
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
202
RM-M-463-2024
C
Date of decision: 24.04.2024
Krishan alias Kishan Singh
....Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Rishu Mahajan, Advocate
for the petitioner.
Mr. Manipal Singh Atwal, DAG, Punjab.
*****
AMAN CHAUDHARY. J (Oral)
1. Prayer in the present petition filed under Section 439 Cr.P.C. is for
grant of regular bail to the petitioner in case FIR No.295, dated 20.11.2019,
registered under Sections 307 and 34 IPC and Section 25/27 of Arms Act, at
Police Station City Tarn Taran, District Tarn Taran.
2. Learnedcounselcontendsthatthepetitionerisincustodyfor2years
and 9 months. His name surfaced based on disclosure statement of co-accused
BaljitSingh@Bulli,whohadfiredbulletshotsatthesonofthecomplainant. He
was falsely implicated in the case and no recovery has been effected from him.
The said co-accused has since been granted bail by this Court vide order dated
01.03.2024. Charges were framed on 05.12.2023, however, none out of 18
prosecution witnesses have been examined. Vide order dated 22.12.2023, the
AdditionalSessionsJudge,TarnTaranhadshowedhishelplessnessintheprocess
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ofcausingappearanceofaccusedbeforetheCourt,copyofwhichwasdirectedto
beforwardedtotheDirectorGeneralofPolice(Prison),Punjabbythiscourtvide
order dated 12.01.2024. The petitioner is involved in other cases,however,heis
on bail. Reliance is placed on the judgment of Hon'ble the Supreme Court in
Maulana Mohd. Amir Rashadi vs. State of U.P. and others,2012(2) SCC 382.
3. The custody certificate dated 24.04.2024, filed by learned State
counselistakenonrecord,asperwhich,thepetitionerisbehindbarsfor2years,9
months and 10 days.
4. Learned State counsel opposes the bail on the ground that the
petitioneractivelyparticipatedinthecommissionofoffenceashasbeenstatedin
the disclosure statement by co-accused BaljitSingh@Bulliandisalsoinvolved
in multiple FIRs. He is however unable to controvert the submissions made
regarding stage of the case, the petitioner being on bail in other cases and
co-accused having been enlarged on bail.
5. Heard.
6. Hon'ble the Supreme Court in the case of Maulana Mohd. Amir
Rashadi (supra) had held that, "As observed by the High Court, merely on the
basis of criminal antecedents, the claim of the second respondent cannot be
rejected. In other words, it is the duty of the Court to find out the role of the
accusedinthecaseinwhichhehasbeenchargedandothercircumstancessuchas
possibility of fleeing away from the jurisdiction of the Court etc." Reiterating
in P
rabhakar Tewari vs. State of UP and another, (2020) 11 SCC 648, itwas
observed that, "The offence alleged no doubt is grave and serious and there are
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several criminal cases pending against the accused. These factors by themselves
cannot be the basis for refusal of prayer for bail."
7. Consideringthefactsandcircumstancesofthecase,inparticularthat
thepetitionerisincustodyforlast2years,9monthsand10days;co-accusedhas
been granted bail; charges were framed on 05.12.2023; out of a total of 18
prosecution witnesses, none hasbeenexaminedsofar;thetrialislikelytotakea
considerable time, thus his further incarceration would not serve any useful
purpose, the present petition for grant of regular bail deserves to be allowed.
8. As a result, the present petition isallowed.Thepetitionerisordered
to be released on regular bail, subject to his furnishing bail/surety bonds to the
satisfaction of trial Court/DutyMagistrateconcernedandsubjecttohisnotbeing
required in any other case. The petitioner shall abide by the following conditions:-
(i) he petitioner will not tamper with the evidence during the
T
trial.
(ii) he petitioner will not pressurize/ intimidate the prosecution
T
witnesses.
(iii) T
he petitioner will appear before the trial Court on each and
every date fixed, unless is exempted by a specific order of
Court.
(iv) T
he petitioner shall not commit an offence similar to the
offenceofwhich,heisanaccused,orforcommissionofwhich
he is suspected of.
(v) he petitioner shall not directly or indirectly coerce, induce,
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threaten or promise to anypersonacquaintedwiththefactsof
thecasesoastodissuadehim/herfromdisclosingsuchfactsto
the Court or to any police officerortamperwiththeevidence
in any manner.
(vi) The petitioner shall not in any manner misuse his liberty.
(vii) The petitioner shall furnish his address and mobilenumberto
theTrialCourtforthwithandshallnotchangethesametillthe
conclusionofthetrialandincaseforanyreason,thepetitioner
seeks to change any of the aforesaid, the same shall be done
onlywithpriorintimationtothelearnedTrialCourt,statingthe
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reason for the same.
(viii) The petitioner shall not leave the country without prior
permission of the trial Court.
(ix) T
he trial Court/Duty Magistrate may impose any other
condition, as deemed appropriate while releasing the petitioner.
9. It is made abundantly clear that in case there is any breach of the
aforesaid conditions, the State shall be at liberty to seek cancellation of bail as
granted to the petitioner by this order.
10. Inviewoftheabove,itisclarifiedthattheobservationsmadeherein
are limited for thepurposeofpresentproceedingsandwouldnotbeconstruedas
anopiniononthemeritsofthecaseandthetrialwouldproceedindependentlyof
the aforesaid observations.
(AMAN CHAUDHARY)
JUDGE
2 4.04.2024
Hemant
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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