IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-8890 of 2011 Date of decision : 6.12.2011 Sharanjit Singh and another ....Petitioners Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.D.S.Pheruman, Advocate for the petitioners. Mr.Ajaib Singh, Addl.Advocate General, Punjab for the State. ... MAHESH GROVER, J. The petitioners filed this petition under Section 439 of the Code of Criminal Procedure praying that they be released on bail in case FIR No.82 dated 20.11.2008 under Sections 302, 328, 323, 34 IPC registered at Police Station Dera Baba Nanak, District Gurdaspur. The case of the prosecution as per the FIR and as per the statement of the complainant is that the complainant had three children out of whom one daughter is married and other two i.e. one daughter and one son are still unmarried. His son Amritpal Singh after passing 10+2 was admitted to ETT Course at Jammu and after completing the same in October 2008 he had come to his village. One Harpreet Kaur daughter of Balbir Singh was also doing the said Crl.Misc.No.M-8890 of 2011 -2- course along with his son and she belonged to a different village. It is stated that Harpreet Kaur and his son Amritpal Singh were involved with each other and had planned to get married. On 18.11.2008 Harpreet Kaur called his son on telephone to her village and on the same day at about 10.a.m. somebody informed the complainant on telephone that his son is lying on the bank of the canal in front of the house of Balkar Singh, etc. in the area of village of Harpreet Kaur. He then went along with Mohinder Singh son of Dalip Singh and discovered his son, who before dying stated that Balbir Singh son of Balkar Singh and Balkar Singh, Dalip Singh, Sharanjit Singh sons of Balbir Singh residents of village Padde gave him severe beatings and caused injuries on his chest as well as on his back and after giving the beatings they forcibly put some poisonous substance in his mouth and after giving beatings they threw him at the spot from where he was discovered. He was taken to the hospital but soon his condition started worsening and he was admitted to K.D.Hospital. Subsequently, Amritpal Singh died. The post-mortem report did not immediately reveal the cause of death and it was expected to be given after the chemical examiner report. The cause of death was given to be respiration failure as a result of injury No.1 which was sufficient in the ordinary course of nature to cause death. This injury was described by the doctor “a horizontal blackish bleach count wound 5 x 2.5 cm. present above the nipple”. The petitioners, who were arrayed as accused, have been in custody since 17.11.2008. Apart from the merits of the case learned counsel for the petitioners has stated that the petitioners are in Crl.Misc.No.M-8890 of 2011 -3- custody since 2008 and the prosecution evidence is over and, therefore, the petitioners deserve to be released on bail as now there is no apprehension of tampering with the prosecution evidence and only his defence evidence has to be led. On due consideration of the matter and noticing the fact that the prosecution evidence is over and that the petitioners are in custody since 2008, and the trial has taken an inordinately long period and, therefore, without commenting on the merits of the case, I deem it appropriate to accept the present petition and direct that the petitioners be released on bail subject to their furnishing heavy sureties to the satisfaction of the learned trial Court. It is also made clear that the learned trial court shall make serious endeavour to conclude the trial by recording the defence evidence as expeditiously as possible and without giving any untoward adjournment to the petitioners. It is expected that the defence evidence would be concluded by the trial Court within a period of four months from today. Crl.Misc. stands allowed. 6.12.2011 (MAHESH GROVER) JUDGE dss