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2025 DAILYLAW 36741 (PNJ)

JASWINDER SINGH ALIAS LADI v. STATE OF PUNJAB

CRM-M/15885/2025 · 2025-03-27

Mahabir Singh Sindhu

body2025

Judgment text

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CRM-M-15885-2025 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 234 CRM-M-15885-2025 (O&M) Date of Decision:27.03.2025 Jaswinder Singh @ Ladi .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. S. K. Gupta, Advocate for the petitioner. Ms. Avneet, AAG, Punjab. **** MAHABIR SINGH SINDHU , J. Present petition has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of bail pending trial to the petitioner in FIR No.142 dated 16.07.2021, registered under Sections 302, 379, 201, 411 read with Section 34 of Indian Penal Code, 1860 (for short 'IPC'), at Police Station Goindwal Sahib, District Tarn Taran. 2. Allegations are on 15.07.2021, de facto-complainant-Sohan Singh moved an application that his son, namely, Harpal singh had gone missing and on 16.07.2021, his dead-body was found in the pond. Complainant raised suspicion that his son had been murdered by the petitioner alongwith co-accused. 3. Contends that petitioner is in custody since 16.07.2021 and co- accused, namely, Shamsher Singh @ Sheri with similar allegations has already been granted bail pending trial by this Court on 19.02.2025. Also contends that out of total 17 prosecution witnesses, only 02 have been examined till date, thus, trial is likely to take sufficient long time. HARISH KUMAR 2025.03.28 10:24 I attest to the accuracy and integrity of this document CRM-M-15885-2025 2 4. Learned State counsel, on instructions, has acknowledged the above factual position, but opposed the prayer on the premise that allegations against the petitioner are serious. 5. Heard both sides and perused the paper-book. 6. Concededly, petitioner is in custody since 16.07.2021; out of total 17 prosecution witnesses, only 02 have been examined till date. It is also not in disputed that co-accused, namely, Shamsher Singh @ Sheri with similar allegations has already been granted bail pending trial by this Court on 19.02.2025 and there is no challenge to the order till date by the State. Thus, further incarceration of the petitioner would not serve any purpose. 7. Consequently, present petition is allowed; petitioner shall be admitted to bail on furnishing bail/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 8. Petitioner shall appear on each & every date of hearing and to fully co-operate with learned trial Court without seeking any unnecessary adjournment(s). 9. The above observations be not construed as an expression of opinion on the merits of the case, in any manner. 10. It is clarified that in case there is recurrence or any misuse of concession of bail on the part of the petitioner, State would be at liberty to move an appropriate application for recalling of this order. Pending application(s), if any, shall also stand disposed off. 27.03.2025 (MAHABIR SINGH SINDHU) Harish Kumar JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No HARISH KUMAR 2025.03.28 10:24 I attest to the accuracy and integrity of this document