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2017 Supreme(P&H) 875

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice A.B. Chaudhari
CRM-M-7734 of 2017
Talwinder Singh
v.
State of Punjab
{Decided on 27/04/2017}

Advocates:
For the petitioner:Mr. Gurmeet Singh, Advocate
Mrs. Rajni Gupta, Addl. AG Punjab.

Headnote:Indian Penal Code, 1860, S.392 & S.402--Dacoity--Preparation for--Bail--All the prosecution witness have turned hostile in cross-examination by accused--Bail granted--Criminal Procedure Code, 1973, S.439.

       

JUDGMENT

Mr. A.B. Chaudhari, J (Oral) - Heard learned counsel for the rival parties.

2. Petitioner seeks regular bail in FIR No.272 dated 08.11.2015, under Sections 392, 402 of the Indian Penal Code, 1860 (for short ‘IPC’) and Sections 24, 54, 59 of Arms Act, 1959 (for short ‘Arms Act’) (Challan presented later on under Sections 395, 402 IPC and 25,54, 59 of Arms Act), registered at Police Station Zirakpur, District Mohali.

3. The trial has commenced. The victims have been examined by the prosecution before the trial court. I have seen their evidence. All of them have turned hostile in cross examination by the accused and have not supported the prosecution case.

4. Looking to the fact that as on date, the prosecution does not have evidence to record conviction of the petitioner, I am inclined to grant bail to the petitioner.

5. In that view of the matter, this petition is allowed. Petitioner is ordered to be released on bail subject to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned. Petitioner shall not tamper with the prosecution evidence, threaten or exercise any influence on the prosecution witnesses.



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