Criminal Misc. No. M-28443 of 2011(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-28443 of 2011(O&M) Date of Decision: December 06, 2011 Harnek Singh @ Nek Singh ... Petitioner Versus State of Punjab ... Respondent CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Mr.Paramjit Singh Jammu, Advocate, for the petitioner. Mr.Sudhir Nehra, Additional Advocate General, Punjab for respondent – State. NAWAB SINGH J.(ORAL) This is an application for bail filed by Harnek Singh @ Nek Singh – accused/ petitioner in case First Information Report No.53 dated May 17th, 2007 registered under Sections 148, 302, 307, 323, 325, 427, 436 read with Section 149 of the Indian Penal Code (for short `IPC'), in Police Station Sunam, District Sangrur. 2. Story of the prosecution is that on May 17th, 2007, a few persons came from Talwandi Sabo after attending a meeting called by Priests of Akal Takht, Amritsar. When they reached Sunam, some persons started shouting from Nam Charcha Ghar against those persons. Both parties were warned by the Police as well as Sub Divisional Magistrate, Sunam. Notwithstanding that stones were pelted upon the persons, who came from Talwandi Sabo and approaching towards Nam Charcha Ghar. A few persons received injuries in the occurrence. Petitioner fired shot upon Kamaljit Singh. Kamaljit Singh succumbed to his injuries. 3. Prior to the present occurrence, another occurrence also took place at the same place and the FIR No.52 was registered on Criminal Misc. No. M-28443 of 2011(O&M) [2] the statement of Pushpinder Singh, Sub Inspector/ Station House Officer, Police Station City, Sunam under Sections 148, 186, 188, 295, 307, 353, 427 and 436 read with Section 149 IPC and Sections 25 and 27 of the Arms Act. In that also, number of persons received injuries. 3. The solitary ground to seek bail, canvassed by counsel for the petitioner, is that the petitioner is in custody for the last about 4½ years. 4. This Court called for the status report of the case from the Trial Court. Per the report, there are fifty witnesses cited by the prosecution, out of which statements of eleven have already been recorded and seventeen given up. On number of occasions, counsel for the accused sought adjournments for one reason or the other. The Trial Judge has also stated in his report that all efforts shall be made to conclude the trial at the earliest. Not only this, State counsel assures that prosecution evidence shall be concluded in near future. 5. Indeed, it has taken a long time in concluding the trial. While granting bail, three elements will generally be found the most important: the charge, the nature of the evidence by which it is supported, and the punishment to which the party would be liable if convicted. 6. In the present case, allegations against the petitioner is that he fired a shot upon Kamaljit Singh, as a result of which he died. The crime was committed inspite of the warning given to the petitioner and his co-accused by the Police as well as Sub Divisional Magistrate, Sunam. A number of persons received injuries in the occurrence, apart from Kamaljit Singh. The liberty is precious to an individual, so is the society's interest in maintenance of peace, law and order. 7. To elaborate more on the issue would not be justified in the matter, as observations of this Court may cause prejudice to either party, that is, the accused or the prosecution. Suffice to say Criminal Misc. No. M-28443 of 2011(O&M) [3] that it is not a case, in which the petitioner deserves concession of bail. However, it is expected from the Trial Judge as well as the Prosecution to do their best to conclude the trial, at the earliest. 8. For the reasons aforesaid, bail application filed by the petitioner is hereby dismissed. December 06, 2011 ( NAWAB SINGH ) `gian' JUDGE