Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 733

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jasjit Singh Bedi, J.
Ajay Gill - Petitioner - Appellant
Versus
State of Punjab - Respondent - Respondent
CRM-M-8430 of 2023 (O& M)
Decided On : 24-08-2023

Advocates appeared:
Mr. APS Sandhu, Advocate, (in CRM-M-8430-2023).
Mr. Rishu Mahajan, Advocate, (in CRM-M-8547-2023) for the petitioner(s).
Ms. Ramta K Chaudhary, DAG, Punjab.

Circumstantial evidence and the duration of the trial process can influence the court's decision on bail applications.

Headnote:
Bail - Criminal Law - Sections 365, 302, 34 IPC, Section 201 IPC - The court discussed the evidence of extra judicial confession, last seen evidence, and motive in the case. The accused were granted bail due to the circumstantial nature of the evidence and the prolonged trial process.
Fact of the Case:

The case involved a missing person report that led to the discovery of a deceased person. The complainant alleged that the accused had killed his son over a money dispute.
Finding of the Court:

The court found that the evidence presented was circumstantial and that the trial was unlikely to conclude soon. Therefore, the accused were granted bail.
Issues: The issues revolved around the credibility of the evidence, including extra judicial confession, last seen evidence, and the timing of the crime in relation to the post-mortem report.
Ratio Decidendi: The court decided that the circumstantial evidence and the prolonged trial process warranted the grant of bail to the accused.
Final Decision: The accused, Ajay Gill and Sharanjit Singh @ Sunny Dattar, were ordered to be released on bail.

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. The post-mortem of the dead body of Kuljit Singh was conducted on 18.02.2022 at Civil Hospital, Amritsar.

On 24.03.2022, the complainant once again got recorded his statement before the SHO, Police Station Sadar, Amritsar, wherein he stated that he had enquired at his own level and had found that his son Kuljit Singh (deceased) had been killed by Gurjant Singh @ Titu, Ajay Gill (petitioner in CRM-M-8430-2023) and Sharanjit Singh @ Sunny Dattar (petitioner in CRM-M-8547-2023) by giving him poison. The motive for the occurrence as disclosed by his deceased son some days prior to the occurrence was that Gurjant Singh @ Titu and Ajay Gill had borrowed money from him (deceased) and when he (deceased) demanded his money back, the accused had quarrelled with him and had threatened him. He (complainant) was confident that Gurjant Singh @ Titu, Ajay Gill and Dattar in connivance with their other associates had killed his son.

Based on the said statement, the instant FIR came to be registered.

During the course of investigation, on 24.03.2022, one Himmat Kumar @ Raja was joined in the investigation wherein he stated that on 24.03.2022, Gurjant Singh @ Titu and Ajay Gill had come to his shop. They had disclosed to him that on 14.02.2022, the deceased Kuljit Singh was killed by them (Gurjant Singh @ Titu, Ajay Gill) and Sharanjit Singh @ Sunny Dattar due to a money dispute and they had thrown his dead body near the Railway lines. They (Gurjant Singh @ Titu and Ajay Gill) had requested him to help them (accused) with the police.

Thereafter, the supplementary statement of Kirpal Singh was recorded to the effect that his neighbour Rajinder Kumar had told him that he had seen Titu and Ajay Gill arguing with the deceased on 14.02.2022 at about 6.00/7.00 p.m. and Kuljit Singh (deceased) was asking them to return his money. Both the accused had told Kuljit Singh that they would get him money from Dattar. Thereafter, they had taken Kuljit Singh on their scooters towards the backside of the petrol pump. After some time, Ajay Gill, Titu and Sharanjit Singh @ Sunny Dattar came there and he (Rajinder Kumar) had asked them as to the whereabouts of Kuljit Singh but the three accused had given no answer. The statement of Rajinder Kumar was recorded under Section 161 Cr.P.C. to the same effect. He had further stated that after seeing the deceased in the presence of the accused, he had gone to U.P. for a month and had come back only now.

Based on the aforementioned evidence, the accused including the petitioners came to be arrested and suffered their disclosure statements admitting that they had made the deceased Kuljit Singh consume poison forcibly. Thereafter, they had thrown him near the Railway lines at Mohkampura and his scooter had been concealed in the house of Gurjant Singh

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