High Court of Punjab and HaryanaCRM-M/23701/2015allowed

Amarjit Singh v. State Of Punjab

2015-08-28Mr. Justice S.C. Malte4 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: August 28, 2015 Amarjit Singh @ Amna

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr.Arvinder Singh, Advocate, for the petitioner.

Mr.K.S.Pannu, DAG, Punjab.

Naresh Kumar Sanghi, J.(Oral) Prayer in this petition, filed under Section 439, Cr.P.C., is for grant of regular bail to the petitioner, Amarjit Singh @ Amna, who has been booked for having committed the offences punishable under Sections 148, 307, 323, 324 and 341 read with Section 149, IPC, in a case arising out of FIR No.211, dated 21.08.2014, registered at Police Station, Samana, District Patiala.

Learned counsel contends that medical opinion to the effect that anyone of the injuries suffered by Hardeep Singh was sufficient to cause his death is not available on record; applicability of Section 307, IPC, would be a moot point during trial; as many as seven accused were implicated for inflicting six injuries on the person of Hardeep Singh and that the SEEMA RANI 2015.08.28 17:29

[2] deposition of Hardeep Singh (injured), the star of the prosecution, has already been recorded by learned trial Court; and that for the last approximately one year, the petitioner is behind the bars.

Learned counsel for the State, after taking instructions from ASI Paramjit Singh, Police Post, Gagha, falling within the jurisdiction of Police Station, Samana, District Patiala, has not controverted the above factual aspects.

I have heard learned counsel for the parties and with their able assistance gone through the material available on record.

The deposition of the injured has been recorded by learned trial court. The petitioner is behind the bars from 05.09.2014. The applicability of Section 307, IPC, would be a moot point during trial. Further incarceration of the petitioner does not appear to be of any worth.

Therefore, the present petition is allowed. PetitionerAmarjit Singh @ Amna, s/o Ruldu Singh, r/o village Dhanetha, Tehsil Sunam, District Patiala, is ordered to be released on bail, during pendency of trial of the present case, subject to his furnishing bail bond to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Patiala.

August 28, 2015 (Naresh Kumar Sanghi) seema Judge

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