KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 of the Code of Criminal Procedure for grant of bail pending trial in FIR No.78 dtd. 25/4/2020 under Ss. 302/34 IPC (later on Sec. 302 IPC deleted and converted into Ss. 306/498-A-34 IPC) registered at Police Station Sadar Sangrur.

(2.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He further submits that the case was initially registered against the petitioner under Sec. 302 IPC, but later on, the said offence was converted into Ss. 306/498-A/34 IPC. He next submits that from the allegations contained in the FIR, no offence under Ss. 306/498-A IPC is made out against the petitioner.

(3.) He has also produced certified copies of the statements of PW-1 Harjinder Singh and PW-6 Komalpreet Kaur, which are taken on record as Mark 'A' and Mark 'B', respectively. He submits that even from the statement of complainant Harjinder Singh (PW-1), no offence under Sec. 306 IPC is made out against the petitioner. Apparently, he had not abetted the suicide of Rajni Kaur. He next submits that PW-6 Komalpreet Kaur had not fully supported the case of the prosecution and was declared as partially hostile and she had not levelled allegations against the petitioner, He further submits that the petitioner was arrested on 26/4/2020. He next submits that the charges have been framed in the present case. Out of total 22 witnesses, 08 have been examined and the conclusion of the trial may take long time and therefore, further custody of the petitioner would serve no meaningful purpose. He also relies upon an order dtd. 1/9/2021 passed by this Court in CRM-M-20321-2021, whereby co-accused namely Hari Singh has been granted the concession of regular bail.