High Court Grants Bail in Murder Case, Citing Lack of Eyewitnesses and Pandemic-Related Absence

In a significant legal development, the High Court of Punjab and Haryana has granted regular bail to Nand Kishore Sahni, the petitioner, who was facing charges under Sections 302 and 34 of the Indian Penal Code (IPC). The decision, rendered by HON'BLE MR. JUSTICE PANKAJ JAIN on October 16, 2023, has garnered attention for its observations on the lack of eyewitnesses and the petitioner's absence due to the COVID-19 pandemic.

The case, registered as FIR No. 0112 on April 15, 2019, stemmed from a complaint filed by Munna Singh, the brother of the deceased Muntun Singh. Munna Singh alleged that the petitioner and others had assaulted his brother, leading to his tragic demise. However, the complainant's statement was primarily based on hearsay, and there were no eyewitnesses to the incident.

The petitioner had been in custody since January 16, 2023, and the material witness, Munna Singh, had already been examined during the proceedings. The petitioner's absence from the trial was attributed to the COVID-19 pandemic.

In a balanced decision, Justice Pankaj Jain commented, "Without commenting on the merits of the case, keeping in view the incarceration already suffered by the petitioner, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned."

This judgment highlights the importance of a fair legal process and the consideration of unique circumstances, such as the pandemic, in determining bail applications. It serves as a reminder that the absence of eyewitnesses and hearsay evidence must be carefully evaluated in such cases.

Nand Kishore Sahni's counsel, Mr. Arun Chander Sharma, welcomed the decision, while the State of Haryana, represented by Mr. A.K. Sehrawat, did not dispute the factual assertions made by the petitioner's counsel. Shri Viney Sharma, Advocate, acted as counsel for the accused persons.

This ruling sets a precedent for cases where the absence of eyewitnesses and pandemic-related circumstances play a crucial role in the bail application process, emphasizing the need for a fair and just legal system.

Date of Decision: October 16, 2023

NAND KISHORE SAHNI  vs STATE OF HARYANA