Sukhdarshan Singh v. State Of Punjab

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

Criminal Misc. No.M-20815 of 2018 .....

Date of decision:27.9.2018 Sukhdarshan Singh .....Petitioner v.

State of Punjab and another .....Respondents ....

Present:

Mr. Piyush Sharma, Advocate for the petitioner. Ms. Monika Jalota, Deputy Advocate General, Punjab for the respondent-State.

Mr. Chanchal K. Singla, Advocate for the complainantrespondent No.2. .....

Inderjit Singh, J.

The petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.56 dated 17.5.2016 registered for the offences under Sections 364 and 34 IPC and (Section 302 IPC, which was added later on) at Police Station Ghall Khurd, District Ferozepur as now the petitioner has been summoned under Section 319 Cr.P.C. as an additional accused.

Notice of motion has been issued in this case. Ms. Monika Jalota, learned Deputy Advocate General, Punjab has put in appearance on behalf of the respondent-State and Mr. Chanchal K. Singla, learned Advocate has appeared for the complainant-respondent No.2 and contested this petition.

HARPAL SINGH PARMAR 2018.09.28 14:44 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-20815 of 2018 [2] I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. From the record, I find that the petitioner has been summoned by the trial Court under Section 319 Cr.P.C. to face trial. Earlier the petitioner has been found innocent in the FIR during investigation and was kept in column No.2.

The petitioner has already appeared before the trial Court in pursuance of the order dated 25.5.2018 passed by this Court granting interim bail and he has been released on bail by the trial Court. The petitioner is not required for interrogation purposes. He is only to face the trial before the trial Court. The trial of the case is likely to take time. No useful purpose will be served by sending the petitioner to custody. Keeping in view the facts and circumstances of the present case; I find merit in this petition and the same is allowed. The interim order dated 25.5.2018 passed by this Court granting interim bail to the petitioner is made absolute.

September 27, 2018.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No HARPAL SINGH PARMAR 2018.09.28 14:44 I attest to the accuracy and authenticity of this document Chandigarh