Kashmir Singh v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 21041 of 2018(O&M) Date of Decision: June 07 , 2018.

Kashmir Singh ...... PETITIONER (s)

Versus

State of Haryana ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Parminder Singh, Advocate for the petitioner.

Mr. S.S.Pannu, DAG, Haryana.

Mr. Manoj Taya, Advocate for the complainant.

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1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

The petitioner prays for bail pending trial in FIR No.16 dated 18.01.2017 under Sections 148/149/323/325/285/506/307/379B IPC and Section 25 of the Arms Act, registered at Police Station Nissing, District Karnal. It is submitted that the petitioner is attributed with injuries with an iron rod on the foot of Jitender and on the hand of one Hari Parkash, who is stated to have suffered a fracture of the ring finger. It is stated that material

-2witnesses in this case including Hari Parkash and Jitender have testified before the learned trial court. The petitioner, it is submitted, is not involved in any other criminal case and has been in custody since 07.11.2017. It is submitted that the similarly situated co-accused Narinder Singh and Malak Singh have been afforded the concession of bail pending trial by this Court on 03.04.2018 in CRM No.M-37798 of 2017 and on 25.05.2018 in CRM No.M-15611 of 2018, respectively. The petitioner undertakes not to misuse the concession of bail, if afforded to him. It is thus prayed that this petition be allowed. Heard learned counsel for the parties.

Learned counsel for the State, on instructions from DSP Sukhbir Singh, verifies the attribution of injuries as above by the petitioner to Hari Parkash and Jitender. It is confirmed that material witnesses have been examined before the learned trial court. The petitioner is not reported to be involved in any other criminal case.

There are no allegations on behalf of the State that the petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts before the Court, if released on bail.

Keeping in view the facts and circumstances of the case but without commenting upon or expressing any opinion on the merits thereof, this petition is allowed. The petitioner be released on bail pending trial subject to his furnishing requisite bail bonds and surety to the satisfaction of the learned Trial Court.

It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely

-3confined for the purpose of decision of the present petition. ( LISA GILL ) June 07 , 2018.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No