Nishan Singh @ Sana vs State Of Punjab

Gurvinder Singh Gill, J

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.22 dated 18.1.2017 at Police

Station Daba, District Ludhiana under Sections 302 and 201 of Indian Penal Code.

It is the case of prosecution that on 18.1.2017 when the police party had laid barricading near Lohara Bridge, Police Station Daba, District

Ludhiana, then a truck bearing registration No.HR-99-ZL(T)-3697 came from Sangowal bridge side, but the driver of said truck ran his truck through

the barricades and was chased by the police officials in their government vehicle. Since the truck was being driven on a 'kacha' path alongwith canal,

the same was stopped at a short distance. One young person jumped from cabin of the truck and tried to run away, but was followed by ASI Amrik

Singh. Upon checking the truck, dead body of a young lady was found lying on the seat of truck. Her identitiy came to be known as Manpreet Kaur

wife of Jaswinder Singh from one Aadhar Card lying near her dead body. The person, who had jumped from the truck, was apprehended and who

disclosed his name as Nishan Singh son of Mangal Singh and upon inquiries he further disclosed that the dead body was of his wife Manpreet Kaur

with whom he had solemnized marriage but she had concealed the factum of her earlier marriage with Jaswinder Singh and that he had murdered her

by strangulating her with a 'chunni'

The learned counsel for the petitioner has submitted that apart from the police officials, who are alleged to have apprehended the petitioner, there is

no other evidence to connect the petitioner with the alleged murder of Manpreet Kaur, who was infact wife of one Jaswinder Singh. The learned

counsel has further submitted that PW-4 Harwinder Singh and PW-7 Harpreet Singh have already been examined and have turned hostile.

Opposing the petition, the learned State counsel has submitted that since the petitioner was caught red handed while carrying a dead body in his

truck, his complicity in the entire occurrence is clearly evident and no case for grant of bail is made out. It has, however, been informed that the

petitioner has been behind bars since the last more than 3 years and till date only 12 out of the cited 28 PWs have been examined. It has further been

informed that the petitioner is not involved in any other case.

Without commenting upon the veracity of allegations as levelled in the FIR and while bearing in mind the fact that the petitioner has already

suffered incarceration of more than 3 years and that the conclusion of trial is likely to take some time as only 12 out of the cited 28 PWs have been

examined so far and that the petitioner is not stated to be involved in any other case, further detention will not serve any useful purpose.

The petition, as such, is accepted and the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of

learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.