08 May 2025 Criminal Appeals & Suspension of Sentence >> Criminal Law  

In Gurveer Singh Alias Garry v/s The State of Uttarakhand the Supreme Court of India has granted bail to the appellant, who is the primary accused in a murder case, overturning a previous rejection of bail. The appellant was arrested on October 26, 2022, and has been in custody since then (except for a brief interim bail period) in connection with FIR No. 203/2022, registered at Police Station Pant Nagar, District Udham Singh Nagar. The charges against him include murder (Section 302 IPC) and various sections related to unlawful assembly and criminal conspiracy (Sections 147, 148, 149, 34, and 120-B IPC).

According to the allegations, an altercation occurred between the appellant and his associates, and the deceased (Daljeet Singh) and his brother, on Diwali (October 24, 2022). Although the initial dispute was pacified, the appellant allegedly harbored a grudge. On the day of the incident, the appellant and his co-accused reportedly ambushed Daljeet Singh and his companions, and the appellant fired gunshots with his pistol, leading to Daljeet Singh's death.

In its decision to grant bail, the Supreme Court considered the following factors:

1. Period of Incarceration: The appellant has already spent a significant period in custody since October 2022.
2. Trial Progress and Delays: Out of 32 prosecution witnesses, only 12 have had their statements recorded. While two eyewitnesses have already deposed, the remaining two crucial eyewitnesses are reportedly abroad, and their return date for deposition is uncertain, indicating that the conclusion of the trial is likely to take a considerable amount of time.
3. Partial Scientific Evidence: The Court noted that scientific evidence collected during the investigation has only been partially produced.

Taking into account the period of custody and the anticipated delay in the trial due to the unavailability of key witnesses, the Supreme Court allowed the appeal. The appellant has been directed to be released on bail, subject to furnishing bail bonds to the satisfaction of the trial court. Additionally, the appellant's passport must be deposited with the trial court, and he is required to be present on every date of hearing and fully cooperate with the ongoing trial.

Section 34., Indian Penal Code - 1860  

Section 120B., Indian Penal Code - 1860  

Section 147., Indian Penal Code - 1860  

Section 148., Indian Penal Code - 1860  

Section 149., Indian Penal Code - 1860  

Indian Penal Code, 1860