High Court of Punjab and HaryanaCRM-M/13180/2015allowed

Gurjinder Singh v. State Of Haryana

2015-05-01Mr Justice Gurdev Singh2 pages

CRM-M-13180 of 2015 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-13180 of 2015 Date of Decision : 01.05.2015 Gurjinder Singh .....Petitioner

Versus

State of Haryana ....Respondent

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

Present:

Mr. R.K. Saini, Advocate for the petitioner.

Ms. Dimple Jain, AAG, Haryana.

R.P. Nagrath, J. (Oral) Petitioner seeks bail under Section 439 Cr.P.C. in FIR No. 393 dated 04.11.2014 for offences under Sections 148, 149, 323, 326, 307 and 506 of Indian Penal Code (IPC), registered at Police Station Ambala Cantt. Ambala.

Learned State counsel on instructions from ASI Jarnail Singh submits that the injured has since been examined. It is also submitted that out of 13 witnesses 11 have been examined. Learned counsel for the petitioner also relies upon the DDR (Annexure P-1) and the injury report in respect of the petitioner (Annexure P-2) but at this stage no weight can be attached to the aforesaid documents nor to the contention raised by the petitioner that the injuries on the person of complainant are self created injuries. This is, however, a question of trial. Learned State counsel further submits on instructions JITENDER KUMAR 2015.05.01 16:45 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-13180 of 2015 -2that two more accused have been arrested and supplementary challan is to be presented.

Since almost all the witnesses have been examined in the case the State counsel is directed to take steps for possibility of a separate trial of the accused persons against whom challan has already been presented with the case of co-accused who are arrested lateron. The trial Court is also directed to look into this aspect in accordance with law.

The petitioner is in custody since 10.11.2014 and it will take some more time in conclusion of the trial. In view of the above and without commenting on the merits of the case, the instant petition is allowed and the petitioner be admitted to bail on furnishing bail bonds to the satisfaction of the trial Court.

Allowed in the above terms.

May 01, 2015 ( R.P. NAGRATH ) jk JUDGE JITENDER KUMAR 2015.05.01 16:45 I attest to the accuracy and authenticity of this document Chandigarh