Criminal Misc. No. M-3900 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-3900 of 2008 (O&M) Date of Decision:08.05.2008 Nirmal Singh alias Nimma .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJESH BINDAL Present:- Mr. Vivek K.Thakur, Advocate for the petitioner. Mr. Anter Singh Brar, DAG, Punjab. **** RAJESH BINDAL J. Learned counsel for the petitioner submits that the petitioner has been implicated in the present case on the statement of co-accused Paramjit Singh in the form of extra judicial confession before Jarnail Singh, Sarpanch. The FIR in question was registered on 7.12.2006 against Mandeep Kaur and her parental family members. After investigation, initially the challan was presented against Mandeep Kaur, her mother Amarjit Kaur and Paramjit Singh alias Pamma. Supplementary challan was presented against the petitioner after the alleged extra judicial confession before Jarnail Singh, Sarpanch. A reading of the statement of Jarnail Singh, Sarpanch shows that it was a statement made by Paramjit Singh though mentioning the name of the petitioner as well. After the statement, the prosecution had gathered the passport, visa card and five Euros belonging to deceased from the possession of the petitioner. In the statement of three witnesses recorded in the Court till date, none of witnesses specifically named the petitioner. It was only Prithpal Singh, PW3, who stated that he had seen the petitioner along with Mandeep Kaur and Paramjit Singh alias Pamma near sugarcane fields in village Chogawan from where the body was found. In the entire evidence recorded till date, the involvement of the petitioner in murder of Major Singh is not established. The petitioner is in custody for the last one year and two months. Mother of Mandeep Kaur, namely, Amarjit Kaur has been released on regular bail. The trial of the case will take some time. Criminal Misc. No. M-3900 of 2008 (O&M) -2- Without opining on the merits of the controversy, pending trial, the petitioner shall be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Kapurthala. The petition is disposed of. May 08, 2008 ( RAJESH BINDAL ) renu JUDGE