Gurbachan Singh v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: - 27.01.2015 Gurbachan Singh .....Petitioner

Versus

State of Punjab .....Respondent

CORAM:

HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR

Present:

Mr. S.K. Singla, Advocate, for the petitioner.

Ms. Priyanka Sadar, Assistant Advocate General, Punjab for the State.

**** M EHINDER S INGH S ULLAR , J.(oral) The petitioner has preferred the instant petition for the grant of concession of regular bail, in a case registered against him along with his son and other co-accused Balwinder Singh and others, vide FIR No.247 dated 07.10.2014, on accusation of having committed the offences punishable under Sections 326, 324, 323, 506, 148 and 149 IPC, by the police of Police Station Sadar Samana, District Patiala. 2.

Notice of the petition was issued to the State. 3.

Having heard the learned counsel for the parties, having gone through the record, with their valuable assistance and after bestowal

-2of thoughts over the entire matter, to my mind,, the present petition for regular bail deserves to be accepted in this context. 4.

Precisely, the prosecution, inter alia, claimed that on 06.10.2014, the petitioner and his other co-accused caused injuries to complainant-Pargat Singh, with their respective weapons. It is not a matter of dispute that the petitioner was arrested on 22.10.2014. Since then he is in judicial custody and no useful purpose would be served to further detain him in jail. There is no history of his previous involvement in any other criminal case. Moreover, all the offences alleged against the accused are triable by the Court of Magistrate. Even, since the prosecution has not yet submitted the final police report (challan) against the accused, so, the conclusion of trial will naturally take a long time. 5.

Not only that, Balwinder Singh, son and co-accused of the petitioner, has already been granted the concession of regular bail, by virtue of order dated 08.01.2015, rendered in CRM-M No.43126 of 2014, by this Court. Indisputably, all other co-accused of the petitioner are also on bail. Therefore, I see no reason not to extend the same benefit of regular bail to the present petitioner under the similar set of circumstances as well.

6.

In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on bail on his furnishing adequate bail bonds

-3and surety bonds to the satisfaction of Chief Judicial Magistrate, Patiala. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits in the trial of the main case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail only.

January 27, 2015 (MEHINDER SINGH SULLAR) naresh.k JUDGE