CRM-M-8499-2011 (O&M) :::::::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8499-2011 (O&M) Date of Decision:16.11.2011 Ashwani Kumar …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr. Narinder S. Lucky, Advocate, for the petitioner. Mr. K.D.Sachdeva, Addl. A.G., Punjab. ***** RAKESH KUMAR JAIN, J (ORAL) This is a petition for grant of regular bail in a pending trial case registered vide FIR No.374 dated 28.09.2009, under Sections 302, 120-B, 176, 148, 149 IPC and 25/54/59 of the Arms Act, 1959 at Police Station Division No.6, Jalandhar. It is a case of blind murder. As per the case of the prosecution, the petitioner had made an extra-judicial confession before Gurmeet Singh son of Teja Singh on 01.11.2009 that he alongwith his friend Vipan Kumar had planned the elimination of Charanjit Singh, who was an NRI, and received Rs.8 lacs from Kamal Kishore. The petitioner had applied for bail before the learned Trial Court which was dismissed on 24.08.2010 on the ground that extra- judicial confession of an accused is admissible under Section 30 of the Indian Evidence Act, 1872. Learned counsel for the petitioner submits that the said Gurmeet Singh has been examined as PW20 and has turned hostile because he had stated in his chief that “nobody ever came to me at any point of time to disclose any fact of this case to me. I do not know the accused”. He further submits that the petitioner has been involved in this [ 1 ] CRM-M-8499-2011 (O&M) :::::::: case only due to the extra-judicial confession, whereas the witness of the extra-judicial confession is not supporting the case of the prosecution. Keeping in view the facts and circumstances of the case, but without making any observation on the merits, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds to the satisfaction of the learned Trial Court. NOVEMBER 16, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE [ 2 ]