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MANMOHAN, DIPANKAR DATTA
Gurmeet Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. rejection of bail application (Para 2 , 3) |
| 2. prosecution witnesses declared hostile (Para 4 , 5) |
| 3. length of custody and bail consideration (Para 6 , 7) |
| 4. order to grant bail and its conditions (Para 8 , 9) |
| 5. final conclusion and order (Para 10 , 11 , 12 , 13) |
ORDER :
1. Leave granted.
2. The High Court of Punjab and Haryana at Chandigarh by the impugned judgment and order dated August 30, 2024 has rejected the appellant's prayer for bail.
3. The appellant, figuring as an accused in FIR No. 44 dated March 8, 2023 registered with Police Station Beas, District-Amritsar, is in custody since 08.03.2023. It is alleged in the FIR that the appellant committed offence(s) punishable under Section(s) 307, 392, 342, 34, 325, 394, IPC and Sections 25 and 27 of the ARMS ACT .
4. We have heard learned counsel appearing for the parties and perused the materials on record.
5. We find from the counter affidavit that the first three key witnesses for the prosecution PW-1 (Amit Kumar), PW-2 (Surinder Kumar) and PW-3 (Sonu Bagga) have been declared hostile.
6. The appellant has been behind bars for more than two years and only 5 (five) out of 17 (seventeen) prosecution witnesses have been
At the bail stage, the court cannot fully consider the impact of hostile witnesses and must consider the gravity of the offence and the circumstances in bail decisions.
The severity of the charges and the prima facie satisfaction of the court in support of the charge are crucial in deciding bail applications in serious offences.
Evidence of a hostile witness cannot be discarded in toto.
Bail cannot be granted solely based on the duration of custody without substantive grounds.
The delay in the conclusion of the proceedings and the bail granted to similarly situated co-accused persons are significant factors in considering a bail application.
Grant of Bail - Right of under trial enshrined under Article 21 of the Constitution of India may be considered and protected inasmuch as they should not be compelled to serve maximum punishing.
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