Satnam Singh v. State Of Punjab

2023:PHHC:057963

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-10846-2023 Date of Decision: April 25, 2023 SATNAM SINGH ....... Petitioner

Versus

STATE OF PUNJAB ........ Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Satpreet Grewal Kapila, Advocate for Mr. R.K. Kapila, Advocate for petitioner.

Mr. Amit Shukla, AAG, Punjab.

**** HARKESH MANUJA, J. (ORAL) By way of present petition filed under Section 439 CrPC, prayer has been made for grant of regular bail pending trial in case FIR No.113 dated 16.06.2022 registered under Sections 307, 324 (added later on) and Sections 25, 27, 54 and 59 of Arms Act, 1959, P.S. Mahilpur, District Hoshiarpur.

2.

As per allegations levelled in FIR, the petitioner fired gunshot at the injured-victim which hit him on the back side of his right shoulder. The injury was inflicted under the suspicion that the victim was in illicit relation with the wife of the petitioner. 3.

Learned counsel for petitioner submits that in the present case, investigation already stands concluded with the filing of challan followed by framing of charge and the petitioner has already suffered incarceration for a period of more than 10 months now. Learned counsel also submits that there is no other case pending against petitioner and he is not a habitual offender. TEJWINDER SINGH 2023.04.26 09:41 I attest to the accuracy and integrity of this document

2023:PHHC:057963 CRM-M-10846-2023 -24.

On the other hand, learned State counsel opposes the prayer made in the petition while submitting that in the present case there are serious allegations of fire-arm injury inflicted at the instance of petitioner.

5.

I have heard learned counsel for parties and have gone through the paper-book. I find substance in the submissions made on behalf of petitioner.

6.

Considering the fact that petitioner has already suffered incarceration for a period of more than 10 months, he being the first offender with no criminal antecedents and the injury being on non-vital part of body of injured-victim, moreover, the investigation already having been concluded followed by framing of charges, I do not deem it appropriate to extend the incarceration of petitioner. 7.

Without commenting upon merits of present petition, the same is allowed. Petitioners are ordered to be released on bail subject to their furnishing of adequate bail bonds/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate. 25.04.2023 (HARKESH MANUJA) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2023.04.26 09:41 I attest to the accuracy and integrity of this document