High Court of Punjab and HaryanaCRM-M/14714/2017allowed

Harpal Singh v. State Of Punjab

2017-07-11Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-14714 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-14714 of 2017 Date of Decision: 11.07.2017 Harpal Singh ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Mandeep Kaushik, Advocate for the petitioner.

Mr. Ajay Pal Singh Gill, DAG, Punjab.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.206 dated 30.11.2016 registered for offences punishable under Sections 307, 326, 323, 324, 341, 506, 148 read with Section 149 of Indian Penal Code (for short, "IPC") at Police Station Daba, District Ludhiana. Heard.

The petitioner was arrested on 26.12.2016 and after completion of investigation challan has been presented against the petitioner. The prosecution is yet to start examining the witnesses. Perusal of medical report of the petitioner shows that he had also suffered injuries on his head and face. There was total swelling on his face and injuries on teeth and gums. No cross-case has been registered in this case.

It is a matter to be seen by the trial Court as to how the prosecution explains injuries on the person of petitioner. Jitender Kumar 2017.07.11 17:30 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-14714 of 2017 -2In view of above but without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Harpal Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

July 11, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.07.11 17:30 I attest to the accuracy and integrity of this document CHANDIGARH