Ranjit Singh Alias Kala v. State Of Punjab

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-16439-2021 (O&M) Date of Decision:- 15.12.2021 Ranjit Singh @ Kala ... Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Rakesh Gupta, for the petitioner.

Mr. Ajay Pal Singh Gill, DAG, Punjab, assisted by ASI Ajay Kumar.

***** GURVINDER SINGH GILL, J . (Oral) CRM-42982-2021 In view of the reasons mentioned in the application, the same is allowed and Annexure P-4 is taken on record subject to all just exceptions. CRM-M-16439-2021 1.

The petitioner has approached this Court seeking grant of regular bail in a case registered vide FIR No.147, dated 11.12.2018, Police Station Shambhu, District Patiala, under Sections 341, 324, 506 IPC (Section 307, 326, 201 IPC added later on).

2.

As per the FIR lodged at the instance of Nawab Singh, the petitioner had inflicted injury to the complainant with the help of kirch on 8.12.2018.

3.

Learned counsel for the petitioner submits that the FIR came to be lodged due to misunderstanding and that when the complainant MOHAN SINGH 2021.12.15 17:28 I attest to the accuracy and integrity of this document

CRM-M-16439-2021 (O&M) - 2 - Nawab Singh was examined by the trial Court during the course of trial, he has not supported the case of prosecution at all and was declared hostile.

4.

Opposing the petition, learned State counsel has submitted that the petitioner is a habitual offender having been involved in as many as 14 other cases and that in these circumstances he does not deserve the concession of bail and that apparantly he had intimidated the complainant to make a statement in his favour. Learned State counsel has however, informed that the petitioner as on date has been behind bars since the last 1 year and 9 months.

5.

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

Although, the petitioner is stated to be having a chequered record, but bearing in mind the fact that the material witness i.e. the injured/complainant Nawab Singh has resiled from his statement and the petitioner in any case has been behind bars for a substantial period of 1 year and 9 months, his further detention is not justified. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

15.12.2021 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2021.12.15 17:28 I attest to the accuracy and integrity of this document