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DEEPAK GUPTA
Hardeep Singh @ Deepa – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
(Deepak Gupta, J.) :
The petitioner is seeking regular bail by way of petition filed under Section 439 Cr.P.C in case FIR No.271 dated 31.12.2019 registered under Sections 307, 212, 216, 468, 471, 473, 482, 34, 120-B of the IPC and Section 25/27 of Arms Act registered at Police Station Beas, District Amritsar.
2. As per prosecution allegations on 29.12.2019, petitioner armed with pistol along with co-accused Roban Singh @ Bobby and others fired at Mukand Singh and Satpal.
3. Learned counsel for the petitioner contends that petitioner is not named in the FIR and has been falsely implicated; that complainant Mukand Singh has not supported the prosecution case in this regard during trial and was turned hostile. Learned counsel has also placed on record copy of his statement. Learned counsel for the petitioner also submits that though apart from Mukand Singh, there is one more injured namely Satpal as per the FIR but said Satpal has gone abroad and is not appearing during trial.
4. Learned counsel also submits that though petitioner is involved in various other cases but has already been allowed bail in case FIR No.55 of 2020 registered at Police Station Goindwal Sahib; FIR N
The court considered the delay in trial, lack of involvement in other criminal cases, and the likelihood of a prolonged trial due to a pending cross case as grounds for granting regular bail.
The main legal point established in the judgment is the consideration of parity in granting bail, especially when the main accused has already been granted bail and there are no differentiating circu....
The court has the discretion to grant bail under Section 439 Cr.P.C. and may impose stringent conditions to mitigate risks associated with granting bail.
The court emphasized that bail applications must be evaluated on their individual merits, irrespective of prior criminal history, especially when evidence is insufficient.
The decision emphasized the importance of considering discrepancies in witness statements, lack of evidence against the accused, and prolonged custody without significant trial progress in granting r....
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