JUDGMENT :

Sandeep Moudgil, J.

Relief Sought. This petition has been filed under Section 483 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of bail to the Petitioner in FIR No 220 dated 19.08.2023 Under Sections 302, 34, 120B IPC and Sections 25, 27, 29 of Arms Act and Section 21, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station Jandiala, Amritsar.

2. Prosecution story set up in the present case as per the version in the FIR reads as under

'Statement of Manni wife of Ramsharan resident of Near Ashu Club Gaushala Road, Jandiala Guru, District Amritsar age about 35 years, 6280451391 that I am the resident of the above said address and do the domestic work. I have five children from them four are boys and one is girl. Girl is about 3 years old. My husband Ramsharan is a labouror, who today went to the house of his brother Satpal Singh alongwith his younger daughter in his car bearing no. HR 02 P 2842 make Zen Color Gray in ward no. 7. When my husband today at time about 12 AM came back at the door of his house in his car then my daughter was with him then after hearing the noise of the horn, I opened the door of my house then while seeing by me, four unknown persons on two motorcycles from them two were holding the pistols and by coming started to shoot my husband Ramsharan Singh while sitting in the car. After crossing the bullets from the front glass and side hit approximately 5-6 bullets to my husband. My husband already make my daughter sit towards foot. I raised voice in loud manner maar ditta maar ditta then the above said unknown persons alongwith their weapons fled away from the spot on their motorcycles. Reason behind the grudge is that my husband had fallen in the bad company and due to that he had relations with bad kind of persons from them today somebody have fired the shots upon my husband. We were taking my husband Ramsharan to the hospital for treatment. Who has died on the way. Whose dead body is lying in Guru Ramdass Hospital, Vallah. I by leaving my son Gagandeep Singh near the dead body was coming alongwith my elder brother in law Satpal Singh to give the information to you but you have met near the gate of the hospital. By searching the unknown persons. Appropriate legal action may be taken. Statement has been got recorded to you, heard, it is correct. RTI Manni."

3. Contentions

On behalf of the petitioner

Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He submits that the petitioner was not named in the FIR and he was roped in this FIR on the basis of the disclosure statement made by co-accused Harpreet Singh @ Happy and Bhupinder Singh @ Gattu. He further submits that no recovery has been effected from the present petitioner. He points out that the complainant did not even identify the petitioner when he appeared in witness box and rather turned hostile on 03.12.2024. He further points out that co-accused Mehtab has already been granted concession of regular bail by this Court vide order dated 09.01.2025 passed in CRM-M-64278-2024, therefore, prays for grant of regular bail to the petitioner.

On behalf of the State

On the other hand, learned State Counsel appearing on advance notice, accepts notice on behalf of respondent-State and has filed the custody certificate of the petitioner, which is taken on record. According to which, the petitioner is behind bars for 1 year, 4 months and 23 days.

Learned State Counsel on instructions from the Investigating Officer opposes the prayer for grant of regular bail stating that the petitioner is a habitual offender as he is involved in one more FIR but is not in a position to controvert the submissions made by learned counsel for the petitioner.

4. Analysis

Be that as it may, from the above discussion, it can be culled out that the petitioner has already suffered sufficient incarceration i.e. 1 year, 4 months and 23 days, similarly situated co-accused has already been