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2020 Supreme(P&H) 374
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajiv Narain Raina, J.
Kashmir Singh & Anr. - Appellants
Versus
State Of Punjab - Respondent
CRM M 9998 of 2020 (O&M)
Decided On : 18-05-2020
Mr. Amit Chaudhary, Advocate, for the Appellants; Mr. Sandeep Vermani, Addl. A.G, Punjab, for the Respondent
The turning hostile of a prosecution witness and the prolonged judicial custody of the accused can be considered as grounds for granting bail in a case involving serious charges.
Headnote:
Bail - Criminal Law - The court granted bail to the petitioners pending trial in a case involving charges under Sections 302 and 34 of the IPC, considering the turning hostile of the prosecution witness and the prolonged judicial custody of the petitioners.
Fact of the Case:
The petitioners filed an application for bail under Section 439 of the Cr.P.C. in a case involving charges under Sections 302 and 34 of the IPC. The prosecution witness turned hostile, stating that the petitioners had not murdered the deceased.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the petitioners, considering that no useful purpose would be served by keeping them in judicial custody, especially since they had been in custody since May, 2019.
Issues: The main issue was whether the petitioners should be granted bail pending trial in a case involving serious charges under the IPC, despite the opposition from the State.
Ratio Decidendi: The court's decision was influenced by the turning hostile of the prosecution witness and the prolonged judicial custody of the petitioners, leading to the conclusion that no useful purpose would be served by keeping them in custody.
Final Decision: The petitioners were granted bail and directed to be released on bail subject to their furnishing adequate bail bonds/surety bonds to the satisfaction of the concerned trial court/Duty Magistrate.
JUDGMENT
Rajiv Narain Raina, J. (Oral) - Case is taken up for hearing through video conferencing due to pandemic of COVID-19.
2. This is the first application filed under Section 439 of the Cr.P.C. for grant of bail to the petitioners pending trial in case FIR registered under Sections 302 and 34 of the IPC.
3. Learned counsel for the petitioners contends that initially the petitioners were not named in the FIR. Their names figured for the first time in the supplementary statement of the complainant. PW1- Devinder Singh who is brother of the deceased Gurpreet Kaur, turned hostile. He stated on oath that the petitioners were his maternal uncles and they had not murdered their sister- Gurpreet Kaur.
4. On the other hand, learned counsel for the State submits that due to gravity and seriousness of the offence, petitioners should not be granted concession of regular bail. However, it is not disputed by the learned counsel that the prosecution witness has turned hostile.
5. Having heard learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that no useful purpose would be served by keeping the petitioners in judicial custody. The petitioners are in judicial custody since May, 2019. Custody certificate received through WhatsApp is taken on record.
6. In view of the above, this petition is allowed. The petitioners are directed to be released on bail subject to their furnishing adequate bail bonds/surety bonds to the satisfaction of the concerned trial court/Duty Magistrate.
