Rai Sahib @ Vijay Pal v. State Of Punjab

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.24554 of 2017 and Criminal Misc. No.M-14955 of 2017 .....

Date of decision:18.8.2017 Rai Sahib alias Vijay Pal

...Petitioner

v.

State of Punjab

...Respondent

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Ashok Paul Batra, Advocate for the petitioner. Ms. Simranjeet Kaur, Assistant Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

Cr. Misc. No.24554 of 2017:

For the reasons mentioned in the criminal miscellaneous application, the documents (Annexures-P.3 to P.6) attached with the application are taken on record subject to just all exceptions. The criminal miscellaneous application stands disposed of. Cr. Misc. No.M-14955 of 2017:

The petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.145 dated 16.12.2012 (AnnexureP.1) registered for the offences under Sections 307, 353, 186, 342, 332, 148 and 149 IPC and Section 18 of the Narcotic Drugs and Psychotropic

Cr. Misc. No.M-14955 of 2017 [2] Substances Act, 1985 (hereinafter referred to as `the NDPS Act') and Sections 25 and 27 of the Arms Act at Police Station Bahaw-Wala, District Fazilka.

Notice of motion has been issued in this case. Ms. Simranjeet Kaur, learned Assistant Advocate General, Punjab has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner as well as learned Assistant Advocate General, Punjab appearing for the respondentState and have gone through the record. As per the allegations, there is no injury dangerous to life. One injury given by other person is stated to be on the thumb of Sub Inspector. Though as per FIR, the petitioner fired from the pistol but it has not caused any injury to anybody. No commercial recovery under the NDPS Act etc. has been effected from the present petitioner. The petitioner has been in custody since 2.1.2017. The petitioner is not required for interrogation or investigation purposes as he is in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the final disposal of the case.

Therefore, keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, this criminal miscellaneous petition is allowed and the petitioner is ordered to be released

Cr. Misc. No.M-14955 of 2017 [3] on bail subject to his furnishing personal bond in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate.

August 18, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No