High Court of Punjab and HaryanaCRM-M/6094/2020allowed

Dalbir Singh Alias Foreman v. State Of Punjab

2020-06-10Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-6094-2020 (O&M) Date of Decision:- 10.06.2020 Dalbir Singh @ Foreman ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. B.B.S.Randhawa, Advocate for the petitioner. Mr. H.S.Sullar, DAG, Punjab.

***** GURVINDER SINGH GILL, J .

1. The petitioner seeks grant of regular bail in a case registered against him vide FIR No.69 dated 14.9.2019 under Sections 323/324/326/148/149 IPC at Police Station Ghanie-ke-Bangar, District Batala.

2. The FIR in question was lodged at the instance of Paramjit Chand wherein it has been alleged that he was attacked by Dalbir Singh (petitioner), who was armed with a 'gandasi', Harwinder Singh @ Manak armed with a 'dang', Sajan armed with a 'dang', Amarjit Singh empty handed and Mangal Singh also empty handed. It is alleged that the petitioner Dalbir Singh gave a blow with 'gandasi' hitting the right wrist of the complainant while Harwinder Singh gave a blow with 'dang' to him on the right ring finger of the complainant. It is also alleged that Sajan gave a blow to Deepak when he had tried to rescue him.

KAMAL KUMAR 2020.06.10 17:57 I attest to the accuracy and integrity of this document

CRM-M-6094-2020 (O&M)

3. The learned counsel for the petitioner has submitted that the matter has since been compromised amongst the parties and that infact all other co-accused have already been granted regular bail and the petitioner who has been behind bars since the last about 9 months also deserves the concession of bail on grounds of parity.

4. Opposing the petition, the learned State counsel has submitted that since the petitioner has attributed a grievous injury with a 'gandasi', no case for grant of regular bail is made out. The learned State counsel has, however, feigned ignorance about the alleged compromise which has been annexed with the petition as Annexure P-1.

5. Having regard to the facts and circumstances of the case and while noticing that the petitioner has been behind bars since the last about 9 months and that the trial is yet to commence, further detention of the petitioner will not serve any useful purpose.

6. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 10.06.2020 (Gurvinder Singh Gill) kamal Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No KAMAL KUMAR 2020.06.10 17:57 I attest to the accuracy and integrity of this document