High Court of Punjab and HaryanaCRM-M/10352/2018allowed

Malkiat Singh v. State Of Punjab

2018-05-28Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.10352 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.10352 of 2018 Decided on: 28.05.2018 Malkit Singh ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Bikramjit Aroura, Advocate for the petitioner.

Mr. Abhay Pal Singh Gill, AAG, Punjab.

Mr. Amit Arora, Advocate for the complainant.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this second petition is for grant of regular bail to the petitioner in FIR No.93 dated 15.06.2017, for offence punishable under Sections 324, 323, 148, 149 of the Indian Penal Code (in short 'IPC') (Section 307 IPC stands deleted whereas Section 326 IPC has been added vide Rapat No.20 dated 18.01.2018) registered at Police Station Sadar Patti, District Tarn Taran.

Counsel for the petitioner has submitted that the petitioner is in judicial custody since 19.06.2017 and both the injured witnesses i.e. PW1 Kabal Singh and PW2 - Nirwail Singh, have not supported the prosecution version. It is further submitted that both the parties have arrived at a compromise and conclusion of the trial will take some time, which is triable by the Court of Magistrate.

Counsel for the State, on instructions from ASI Prakash Mohd. Yakub 2018.05.28 17:08 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M No.10352 of 2018 Singh, assisted with counsel for the complainant has not disputed the fact that some talks of compromise is going on between the parties. Without commenting anything on merits of the case and considering the fact that the petitioner is in judicial custody since 19.06.2017; the petitioner is no more required for any further investigation; the offences are triable by the Court of Magistrate and conclusion of the trial is likely to take some time, this petition is allowed and the petitioner is ordered to be released on bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it is made clear that in case the petitioner found involved in any other case or misusing the concession of bail, in any manner, then it will be open for the prosecution to apply for cancellation of bail.

(ARVIND SINGH SANGWAN) JUDGE 28.05.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2018.05.28 17:08 I attest to the accuracy and authenticity of this document Chandigarh