Gurdeep Singh v. State Of Punjab And ANR

CRM-M-15294-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-15294-2022

Reserved on: 02.08.2022

Pronounced on: 14.09.2022 Gurdeep Singh

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Ms. Ramandeep Kaur, Advocate for the petitioner. Mr. Dhruv Dayal, Sr. DAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 05.12.2020 Mandi Gobindgarh, 307, 323, 341, 506, 148 & Distt.

Fatehgarh 149 IPC Sahib 1.

The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

2.

In paragraph 17 of the bail petition, the accused declares that he has no criminal antecedents.

3.

The petitioner Gurdeep Singh allegedly chopped the hand of Amandeep Singh and other accused also inflicted various injuries. 4.

Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. 5.

Ld. counsel representing the State opposes bail. REASONING:

6.

The offense is heinous and crime brutal. Cruelty is one of the factors in deciding on bail. A cruel person is more likely to create a lot of insecurity in society. Once the courts form a prima facie opinion that the accused acted with cruelty, then such an accused ordinarily should not be granted bail, and if the courts deem it appropriate to ANJU RANI 2022.09.14 16:50 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH

CRM-M-15294-2022 grant, then it must be after specifying the reasons for such an indulgence. In the present case, an analysis of the allegations and evidence collected does not warrant the grant of bail to the accused.

7. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. Petition dismissed. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 14.09.2022 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2022.09.14 16:50 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH