High Court of Punjab and HaryanaCRM-M/22105/2017allowed

Satish Kumar v. State Of Punjab

2017-07-06Mr. Justice Girish Agnihotri2 pages

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-22105 of 2017 Date of Decision: 06.07.2017 Satish Kumar ... Petitioner(s)

Versus

State of Punjab ... Respondent(s) CORAM: Hon'ble Mr. Justice Shekher Dhawan.

Present:

Mr. Sherry K. Singla, Advocate for the petitioner(s).

Mr. Rajbirinder Singh Chahal, Addl. AG Punjab for the respondent.

Shekher Dhawan, J.

Present petition is for seeking regular bail to the petitioner, namely Satish Kumar in case FIR No. 281 dated 26.12.2016, registered under Sections 307, 326, 427, 323, 452, 148 & 149 IPC, at Police Station Division No. 7, (Vardhman), District Ludhiana City. Prosecution case that on 25.12.2016, complainant was present in his house along with family members and meanwhile petitioner along with his co-accused entered the house with the intention to kill and gave blows with danda, sword and brick. However, the injury attributed to the petitioner is danda blows.

Learned counsel for the petitioner contended that petitioner is in custody since 12.4.2017 and decision of the case may still take some more time. So, he be released on regular bail.

Deepak Kumar Bhardwaj 2017.07.07 15:53 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-22105 of 2017 Learned counsel for the respondent-State opposed the bail on the ground that petitioner along with his co-accused had caused various injuries including sword injury after making forcible entry in the house of the complainant in the wee hours. So, bail application of the petitioner be dismissed.

Having considered the submissions made by learned counsel for the parties and the fact that the injury attributed to the petitioner is "danda" blows, whereas sword blow has been attributed to Gattar alias Tinku and not to the petitioner and decision of the case may still take some time and no purpose shall be served by detaining the petitioner in custody any further, the present petition is allowed. Petitioner be released on regular bail on his furnishing bail/surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Ludhiana.

Nothing said here-in-above shall be construed to be an expression of opinion on the merits of the case. (Shekher Dhawan) Judge July 06, 2017 "DK"

Whether speaking/reasoned :

Yes/No Whether reportable : Yes/No Deepak Kumar Bhardwaj 2017.07.07 15:53 I attest to the accuracy and integrity of this document