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2021 Supreme(P&H) 1438
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Avneesh Jhingan, J.
Arshdeep Singh @ Arsh Baba - Appellant
Versus
State Of Punjab - Respondent
Cr M M No. 32111 of 2021
Decided On : 16-08-2021
P.B.S. Goryaa, Advocate, Monika Jalota, Advocate
The absence of recovery from the petitioner and the completion of the investigation were key factors in granting bail.
Headnote:
Bail - Criminal Law - The court granted bail to the petitioner who was accused of supplying an illegal weapon in a case of blind murder, based on the absence of recovery from the petitioner and the completion of the investigation.
Fact of the Case:
The petitioner filed a petition seeking regular bail in a case of blind murder and illegal weapon supply. The petitioner's name surfaced in the statement of the co-accused, but no recovery was made from the petitioner.
Finding of the Court:
The court granted bail to the petitioner, noting that the investigation was complete, the trial conclusion was likely to take time, and keeping the petitioner behind bars would serve no useful purpose.
Issues: The main issue was whether the petitioner should be granted bail in a case involving serious allegations of supplying an illegal weapon in a blind murder case.
Ratio Decidendi: The court considered the absence of recovery from the petitioner, completion of the investigation, and the likelihood of a prolonged trial in granting bail to the petitioner.
Final Decision: Bail was granted to the petitioner on furnishing surety bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.
JUDGMENT
Avneesh Jhingan, J. - The matter is taken up for hearing through video conference due to COVID-19 situation.
2. This petition under Section 439 Cr.P.C. is filed for seeking regular bail in case of FIR No. 145 dated 25.6.2019 under Sections 302 r/w 34 IPC 1860 (Section 120-B added lateron) and Section 25 and 27 of Arms Act, 1959 registered at Police Station City Tarn Taran, District Tarn Taran.
3. It is a case of blind murder of Gurmej Singh. During investigation, Jashanpreet Singh was arrested, on statement of Ranjit Singh to the effect that there was an extra-judicial confession made by Jashanpreet Singh regarding attack by him and his companion. After arrest Jashanpreet Singh disclosed that he had taken pistol from one Arshdeep Singh. During interrogation Arshdeep Singh disclosed that he brought pistol from the house of Varinderpal Singh @ Vicky to whom he had given pistol for safe custody.
4. Learned counsel for the petitioner submits that the pistol was recovered from Jashanpreet Singh, no recovery was made from the petitioner. Name of the petitioner surfaced in disclosure statement. Investigation is complete and challan stands presented. The co-accused has been granted bail by this Court.
5. Learned State counsel opposes the prayer for grant of bail. She on instructions submits that the allegations are serious. She further argues that the petitioner was supplier of an illegal weapon.
6. The name of the petitioner surfaced in the statement of Jashanpreet Singh. No recovery was made from the petitioner. Allegation against the petitioner is that he supplied weapon to Jashanpreet Singh. Petitioner is in custody since 05.04.2021. The investigation is complete, conclusion of trial is likely to take time. No useful purpose would be served by keeping the petitioner behind bars. Bail is granted to the petitioner on furnishing surety bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.
7. The petition is allowed.
8. It is clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.
