Crl. Misc. No.M-37551 of 2011 1 .. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-37551 of 2011 (O&M) Date of Decision: February 16th, 2012 Narinder Kumar alias Phulla .... Petitioner Versus The State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE VIJENDER SINGH MALIK 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? Present Mr. Surinder Sharma, Advocate, for the petitioner. Mr. Amandeep Singh Rai, DAG, Punjab, for the State. VIJENDER SINGH MALIK, J. Crl. Miscs. No. 9392 of 2012 Application is allowed. Annexure A/1 is taken on record. Main Petition Narinder Kumar alias Phulla has sought regular bail in a case registered by way of FIR No. 374 dated 28.9.2009 at Police Station Division No.6, Jalandhar, District Jalandhar for an offence punishable under sections 148, 302, 176, 120-B read with section 149 of Indian Penal Code and sections 25 and 27 of the Arms Act. This is a case of murder of Charanjit Singh, who was an NRI. According to the prosecution, Charanjit Singh had give a very huge Crl. Misc. No.M-37551 of 2011 2 .. amount to one Kamal Kishore and when after reaching India, he demanded that money back from Kamal Kishore, Kamal Kishore planned his murder and got the same executed through Vipin Kumar and others. The evidence against the petitioner has been of 'extra judicial concession', he is alleged to have made before Gurmeet Singh. Learned counsel for the petitioner has submitted that the 'extra judicial confession' which was the only piece of evidence against the petitioner was made before Gurmeet Singh. According to him, Gurmeet Singh stands examined at the trial as PW20 and said Gurmeet Singh has failed to support the prosecution case. According to him, he has been cross-examined at a great length by prosecution but nothing has come in the same in favour of the prosecution. He has referred me in this regard to Annexure A1, a copy of the statement of Gurmeet Singh recorded by learned Additinal Sessions Judge, Jalandhar on 14.11.2011. He has submitted that when there is no other evidence with the prosecution to connect the petitioner with the crime, he is entitled to be released on bail because he is in custody since long. It is further argued by him that Ashwani Kumar was also arrested in this case, on the basis of said 'extra judicial confession' made before Gurmeet Singh and that he has been granted bail by this court vide orders dated 16.11.2011. Learned State counsel has admitted that the only evidence against the petitioner had been of 'extra judicial confession' he made before Gurmeet Singh. He has admitted that Gurmeet Singh had been examined at the trial and has failed to support the prosecution case. He has also not disputed the fact that Ashwani Kumar, who was a co- accused of the petitioner and having the same evidence against him, has Crl. Misc. No.M-37551 of 2011 3 .. been granted bail vide orders dated 16.11.2011. Keeping in view the aforesaid circumstances, the petitioner deserves to be on bail during the trial. The petition is, consequently, allowed. The petitioner is directed to be released on bail on his furnishing a personal bond in a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of learned trial court. (VIJENDER SINGH MALIK) JUDGE February 16th, 2012 som