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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anil Kshetarpal, J.
Sandeep Singh @ Khosa - Appellant
Versus
State Of Punjab - Respondent
CRM-M-1384-2020 (O&M)
Decided On : 06-01-2021
Bail - Criminal Case - The court granted bail to the petitioner pending trial in a criminal case involving charges of burglary, theft, and murder. The prosecution failed to provide forensic evidence linking the petitioner to the crime, and the only eyewitness's testimony was inconclusive. The court considered the petitioner's custody duration and lack of criminal antecedents in granting bail.
Fact of the Case:
The petitioner sought bail pending trial in a criminal case involving charges of burglary, theft, and murder. The prosecution alleged that the petitioner was involved in a robbery where the deceased was fatally injured.
Finding of the Court:
The court found that the prosecution had not collected any forensic evidence to prove the petitioner's involvement in the crime. The only eyewitness's testimony was inconclusive, and the petitioner had been in custody for a significant duration without criminal antecedents.
Issues: The issues revolved around the sufficiency of evidence linking the petitioner to the crime, the duration of the petitioner's custody, and the lack of criminal antecedents.
Ratio Decidendi: The court's decision was influenced by the lack of forensic evidence, inconclusive eyewitness testimony, and the petitioner's extended custody duration without criminal antecedents.
Final Decision: The court granted the petitioner's request for bail, directing release on furnishing bail bonds/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate.
JUDGMENT
Anil Kshetarpal, J. (Oral). - This is second petition for grant of bail pending trial in a criminal case arising from FIR No.220 dated 07.07.2018 registered under Sections 459, 460, 380 (later on added Sections 302, 411, 120-B IPC) at Police Station Dakha, District Ludhiana (Rural).
2. The first application was dismissed as withdrawn on 11.07.2019. As per case of the prosecution, three clean shaven persons entered the house of the first informant and Boria gave blow on the head of the deceased-Sangeeta with iron daah (cutter) while looting certain jewelry items.
3. Learned counsel for the petitioner contends that the petitioner is in custody since 17.07.2018 and he is sought to be falsely implicated on the statement of Sudhir Rajak, the deceased's husband on the basis of suspicion. He further submits that the prosecution has not collected any material evidence to connect the petitioner with the offence. He further submits that no Test Identification Parade has been carried.
4. On the other hand, Mr. S.S. Deol, DAG, Punjab has pointed out that apart from the supplementary statement of Sudhir Rajak (the deceased's husband), the motorcycle involved for coming to the place of occurrence, which is in name of the petitioner's father, has been recovered from the petitioner . He further submits that the co-accused has also suffered disclosure statement showing his involvement in the crime.
5. This Court has considered the submissions. It is clear that the prosecution has not collected any forensic evidence to prove the involvement of the petitioner. The only eye-witness Shambhu Gujjar has stated that he could not properly see the accused.
6. The petitioner is in custody since 17.07.2018. Mr. S.S. Deol, DAG, Punjab on instructions from ASI Gursewak Singh, has stated that the petitioner does not have criminal antecedents.
7. Without commenting on the merits of the case and keeping in view the aforesaid facts, the petitioner is directed to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate.
8. Accordingly, the petition is allowed.
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