Jatinder Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-5.7.2022 Jatinder Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sarju Puri, Advocate for the petitioner.

Mr. Luvinder Sofat, AAG, Punjab, assisted by ASI Raghubir Singh.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.95 dated 13.8.2021, Police Station Sadar Banga, District SBS Nagar, under Sections 326, 323, 341 and 34 of Indian Penal Code.

2.

The FIR in question was lodged at the instance of Surjit Singh, wherein it is alleged that on 4.6.2021 at about 6:10 p.m., when he was walking from his home towards his 'haveli', then two persons came on a motorcycle from behind. The said motorcycle was being driven by Jatinder Singh while Rana

( 2 ) was sitting on the pillion seat. It is alleged that the motorcycle stopped near him and both the said persons got down from the motorcycle and inflicted injuries to him with the help of 'datar' and 'khanda' with an intention to kill him.

3.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case as he had also earlier been falsely implicated on three different occasions by the same complainant. Learned counsel for the petitioner has further submitted that, in any case, all the injuries are on non-vital parts and since challan already stands presented, the petitioner deserves to be released on bail.

4.

Opposing the petition, learned State counsel has submitted that the petitioner has a chequered history having been involved in three other cases and that, in these circumstances, no case for grant of bail is made out. Learned State counsel has, however, not disputed that all the 4 injuries are on non-vital parts and that two of the injuries are simple injuries, whereas the remaining two are grievous injuries. It has also been informed that challan already stands presented though charges are yet to be framed. The petitioner is stated to be behind bars since 28.1.2022.

5.

I have considered rival submissions addressed before this Court. 6.

Having regard to the nature of injuries and the seat of injuries and also the fact that investigation is already complete and challan stands presented, further detention of the petitioner will not serve any useful purpose as trial is yet to commence and conclusion of the same is likely to consume time. The petition, as such, is accepted and the petitioner is ordered to be released on

( 3 ) regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 5.7.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No