Supreme Court - Daily Orders
Harwinder Singh @ Kala vs The State Of Punjab on 17 April, 2023
Bench: V. Ramasubramanian, Pankaj Mithal
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2023
(@ SLP (Crl.) No. 2814/2023)
HARWINDER SINGH @ KALA APPELLANT (S)
VERSUS
STATE OF PUNJAB RESPONDENT (S)
O R D E R
Leave granted.
The appellant is facing trial for alleged offences under Sections 307 and 323 of the IPC read with Sections 25, 30, 54 and 59 of the Arms Act. The appellant was arrested on 16.12.2019. He has already spent more than three years in custody.
The chargesheet was filed in March, 2020. Out of twenty witnesses listed on the side of the prosecution, six have already been examined and names of four witnesses have been dropped.
Therefore considering the facts and circumstances, we deem it fit to order the release of Signature Not Verified the appellant on bail pending trial. Digitally signed by NIRMALA NEGI Date: 2023.04.17 17:15:50 IST Reason: 1 Accordingly the appeal is allowed and the appellant is directed to be released on bail subject to such terms and conditions as may be imposed by the Trial Court. The appellant shall not come to any adverse notice during the pendency of the trial and the appellant shall cooperate in the conclusion of the trial and he shall appear on all occasions before the trial court.
Pending application(s), if any, shall stand disposed of.
.......................J. ( V.RAMASUBRAMANIAN ) .......................J. ( PANKAJ MITHAL ) NEW DELHI;
APRIL 17, 2023 RS 2 ITEM NO.4 COURT NO.15 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 2814/2023 (Arising out of impugned final judgment and order dated 09-07-2020 in CRM-M No. 16323/2020 passed by the High Court Of Punjab & Haryana At Chandigarh) HARWINDER SINGH @ KALA Petitioner(s) VERSUS STATE OF PUNJAB Respondent(s) (FOR ADMISSION and I.R. and IA No.22044/2023-CONDONATION OF DELAY IN FILING and IA No.22047/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.22046/2023-EXEMPTION FROM FILING O.T. and IA No.22045/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS and IA No.22048/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 22047/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 22046/2023 - EXEMPTION FROM FILING O.T. IA No. 22048/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 17-04-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Vikram Pradeep, Adv.
Ms. Nidhi Jaswal, AOR For Respondent(s) Ms. Nupur Kumar, AOR Mr. Divyansh Tiwari, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order which is placed on the file. The operative portion of the order reads as 3 follows:
“Accordingly the appeal is allowed and the appellant is directed to be released on bail subject to such terms and conditions as may be imposed by the Trial Court. The appellant shall not come to any adverse notice during the pendency of the trial and the appellant shall cooperate in the conclusion of the trial and he shall appear on all occasions before the trial court.” Pending application(s), if any, shall stand disposed of.
(RADHA SHARMA) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH) 4