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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case; the petitioner is in custody since 29.08.2019; complainant Gurtej Singh, who was the deceased's brother, while appearing in the petitioner's trial has greatly improved upon his statement(s) made by him to the police till the filing of the final report by the police under Section 173 Cr.P.C. as till that time Gurtej Singh had no where named the petitioner but while appearing before the trial court as a For Subsequent orders see IOIN-CRM-M-31791-2022 Decided by HON'BLE MR. JUSTICE DEEPAK SIBAL 1 of 5 Neutral Citation No:=2023:PHHC:036926 CRM-M-31791-2022 2023:PHHC:036926 [2] witness for the prosecution he has falsely named him to be one of the assailants who murdered Baldev Singh; the other prosecution witness Boga Singh who allegedly was the one before whom the petitioner and Bhinder Singh had made extra-judicial confessions of having murdered Baldev Singh, while appearing before the trial court, has not toed the prosecution's line and has denied any extra-judicial confession made before him; the murder weapon allegedly recovered from the petitioner was sent for forensic examination the result of which remains inconclusive; thus, there is no forensic evidence to link the petitioner with the crime he is accused of; the petitioner had no motive to murder Baldev Singh and that since in the petitioner's trial 21 prosecution witnesses still remain to be examined, the same will take a long time to conclude.

Keeping in view the totality of the above facts, the present case is considered to be a fit one in which the petitioner be directed to be released on regular bail. Resultantly, subject to the satisfaction of the CJM/Duty Magistrate, Sri Muktsar Sahib, the petitioner is directed to be released on bail.

For Subsequent orders see IOIN-CRM-M-31791-2022 Decided by HON'BLE MR. JUSTICE DEEPAK SIBAL 2 of 5 Neutral Citation No:=2023:PHHC:036926 CRM-M-31791-2022 2023:PHHC:036926 [3] It is clarified that the above observations have been made only for the limited purpose of deciding the present regular bail application and the same would not be construed to be an expression of opinion on the merits of the case.

The petitioners are alleged to have murdered Rajinder Singh. The postmortem report of Rajinder Singh shows as many as 13 injuries on his person. As per the case of the prosecution, from the petitioners-Gurwinder Singh and Amandeep Singh, two blood stained kirpans, have been recovered. The recovered kirpans and the blood stained soil collected by the police from the dead body of Rajinder Singh were sent for forensic examination. In response to the request made by the police, the Forensic Science Laboratory, Punjab, SAS Nagar (for short, the FSL, Punjab) has sent a report dated 29.04.2021 as per which the parcels sent to it "are stained with human". This makes no sense. The FSL report is a crucial document. Therefore, the author of such report For Subsequent orders see IOIN-CRM-M-31791-2022 Decided by HON'BLE MR. JUSTICE DEEPAK SIBAL

The afore conclusion at item No.c makes no sense.

In this case also the Director, FSL, Punjab, shall explain through an affidavit the casual drafting of the' report.

Be put up for the said purpose on 20.03.2023.

To be heard alongwith CRM-M-35728-2022.

             March 02, 2023                                         (DEEPAK SIBAL)
             Jyoti 1                                                    JUDGE

                          Whether speaking/reasoned                Yes/No
                          Whether reportable                       Yes/No




                                                           Neutral Citation
For Subsequent orders see IOIN-CRM-M-31791-2022 Decided by HON'BLE          No:=2023:PHHC:036926
                                                                      MR. JUSTICE    DEEPAK
SIBAL
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