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2021 Supreme(P&H) 1124

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anupinder Singh Grewal, J.
Inderjit Singh - Appellant
Versus
State Of Punjab - Respondent
CRM M No. 25102 of 2021
Decided On : 08-07-2021

Advocates Appeared:
Vishesh Dogra, Advocate, Dhruv Dayal, Advocate

The court considered various factors such as the petitioner's age, lack of attributed motive, grant of bail to co-accused, delay in trial due to the Covid-19 pandemic, and the prolonged custody of the petitioner in granting regular bail.

Headnote:

Regular Bail - Section 346 IPC - The court granted regular bail to the petitioner based on factors such as the petitioner's young age, lack of attributed motive, the grant of bail to co-accused, the delay in trial due to the Covid-19 pandemic, and the petitioner's prolonged custody.

Fact of the Case:

The petitioner sought regular bail in a case involving FIR No.132 dated 03.07.2020, under Section 346 IPC, registered at Police Station Mohkampura, District Amritsar. The petitioner had been in custody for over 10 months.

Finding of the Court:

The court granted the concession of regular bail to the petitioner, considering factors such as the petitioner's age, lack of attributed motive, grant of bail to co-accused, delay in trial due to the Covid-19 pandemic, and the prolonged custody of the petitioner.

Issues: The issues involved the petitioner's eligibility for regular bail, the lack of attributed motive, and the delay in trial due to the Covid-19 pandemic.

Ratio Decidendi: The court's decision was influenced by the petitioner's young age, lack of attributed motive, grant of bail to co-accused, delay in trial due to the Covid-19 pandemic, and the prolonged custody of the petitioner.

Final Decision: The petition was allowed, and the petitioner was ordered to be released on regular bail upon furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

JUDGMENT

Anupinder Singh Grewal, J. - Case taken up through video conferencing.

2. The petitioner is seeking regular bail in FIR No.132 dated 03.07.2020, under Section 346 IPC (Sections 304, 120-B, 201 IPC added later on), registered at Police Station Mohkampura, District Amritsar.

3. Learned counsel for the petitioner contends that initially FIR had been registered under Section 346 on 03.07.2020 as the son of the complainant was alleged to be missing. The complainant made an another statement on 23.08.2020 wherein he had suspected petitioner and other accused, who were friends of his son that they had taken him to the canal and pushed him in the water. He, however, contends that no motive has been attributed to the petitioner or other accused. The petitioner is being arraigned as an accused merely on suspicion. The son of the complainant is still missing. He is 20 years of age and is in custody for over 10 months. He further contends that the co-accused namely Kuldip and Sahib have been granted the concession of regular bail by this Court on 24.05.2021 and 28.05.2021 in CRM-M-19607-2021 and CRM-M-20654-2021.

4. Learned State counsel upon instructions from ASI Jaspal Singh states that the challan has been filed but no prosecution witness has been examined. He also contends that there is a last seen evidence and extra judicial confession implicating the petitioner.

5. Heard.

6. In view of the above, especially when the petitioner, who is 20 years of age, is in custody for 10 months, no motive is attributed to the petitioner, co-accused have been granted bail, Covid 19 pandemic and the conclusion of the trial is likely to take some time, I deem it a fit case to grant the concession of regular bail to the petitioner.

7. Therefore, without expressing any opinion on the merits of the case, the petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

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