LOVLESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of regular bail in a case having FIR No.186 dtd. 21/10/2020 registered under Ss. 302, 34 IPC at Police Station Focal Point, District Ludhiana.

(2.) The counsel for the petitioner submits that the petitioner was having no motive to kill Ginni Sharma and that the petitioner has been falsely implicated in this case at the instance of complainant-Manoj Sharma who is real brother of the deceased. The counsel for the petitioner further contends that the petitioner is in custody for the last more than 1 year and 8 months and is having no criminal history. The counsel further submits that the entire case is based on circumstantial evidence and complainant-Manoj Sharma, his father Subhash Sharma, brother Sona Sharma have already been examined during the trial. The counsel for the petitioner further submits that prosecution has also examined Mohd. Shehjad before whom the petitioner and co-accused suffered alleged extra-judicial confession regarding their involvement in the murder of Ginni Sharma. The counsel for the petitioner further contends that even if testimony of Mohd. Shehjad is taken into consideration, it establishes illicit relations of Preeti wife of Ginni Sharma with co-accused Nand Ram. The counsel for the petitioner further submits that it will take considerable time for the trial to conclude.

(3.) The present petition is resisted by the State counsel, who submits that the petitioner is facing serious charges with regard to murder of Ginni Sharma and that the trial is in progress. The State counsel has not refuted the fact regarding examination of the aforesaid witnesses during the trial. The State counsel also has not disputed the custody period of the petitioner.