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JASJIT SINGH BEDI
Ajay Gill – Appellant
Versus
State of Punjab – Respondent
JASJIT SINGH BEDI, J.
This order shall dispose of two criminal miscellaneous petitions i.e. CRM-M-8430-2023 and CRM-M-8547-2023 as they arise out of the same FIR.
For the sake of convenience, the facts are being taken from the petition bearing No. CRM-M-8430-2023.
2. The prayer in the present petitions under Section 439 Cr.P.C. is for the grant of regular bail to the petitioners-Ajay Gill and Sharanjit Singh @ Sunny Dattar in case FIR No.74 dated 24.03.2022 registered under Sections 365, 302, 34 IPC (Sections 201 IPC added later on) at Police Station Sadar, District Amritsar.
3. The brief facts of the case are that Kirpal Singh (complainant) lodged a missing person report with the investigating agency on 15.02.2022 to the effect that his son Kuljit Singh had left the house to go to his duty on 14.02.2022 on his scooter but had not come back. On a search being conducted, he could not be found.
Thereafter, on 17.02.2022, the statement of Kirpal Singh (complainant) was recorded once again wherein he stated that after his son had gone missing, a search was made for him, and on 17.02.2022, his dead-body was found lying near Railway lines in the area of Mohkampura in mysterious circumstances.
Circumstantial evidence and the duration of the trial process can influence the court's decision on bail applications.
The court emphasized that the accused's further incarceration was not required as the veracity of the allegations would be determined during the trial.
The decision highlighted the importance of supporting evidence from key witnesses and considered the accused's status as a first-time offender in granting bail.
Extra-judicial confessions require corroborative evidence to ensure reliability; circumstantial evidence must present a complete chain connecting the accused to the crime without reasonable doubt.
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