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High Court of Punjab and HaryanaCRM-M/14722/2023allowed

Beant Singh v. State Of Punjab

2023-07-25Mr. Justice Aman Chaudhary3 pages

- 1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 25.07.2023 Beant Singh ....Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Gopal Singh Nahel, Advocate for the petitioner Mr. Manipal Singh Atwal, DAG Punjab ***** AMAN CHAUDHARY. J.

1.

The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in case FIR No.180 dated 31.08.2022, registered under Sections 307, 323, 341, 506 and 34 IPC (Sections 325 and 120-B IPC added later on), at Police Station Sadar Dhuri, District Sangrur. 2.

Learned counsel contends that the petitioner is in custody for about 10 months. All co-accused had been granted bails by this Court vide orders dated 02.02.2023, 16.03.2023 and 29.11.2022 (Annexures P-2 to P-4) respectively. As per the FIR, the petitioner has been attributed a kirpan blow, however in the MLR, the injury that has been shown is blunt in nature. The alleged incident had taken place at the shop of a barber-Ram Singh, who has also not been made a witness. Though challan has been presented on 29.12.2022, however, charges have not been framed. In all there are 26 prosecution witnesses. The petitioner is not involved in any other case.

3.

The custody certificate dated 24.07.2023 has been filed by learned

- 2State counsel. As per the same, the petitioner is behind bars for the last 9 months and 23 days.

4.

Learned State counsel opposes the bail on the ground that the injury attributed to the petitioner was declared dangerous to life. He is however unable to controvert the submissions with regard to stage of case, co-accused having been granted bail and the petitioner not being involved in any other case. 5.

Heard.

6.

Considering the facts and circumstances of the case, in particular that the petitioner is in custody for the last 9 months and 23 days; not involved in any other case; co-accused have already been granted bail; challan stands presented on 29.12.2022, however, the charges are yet to be framed; in all there are 26 prosecution witnesses, the trial is likely to take a considerable time, thus his further incarceration would not serve any useful purpose, the present petition for grant of regular bail deserves to be allowed. 7.

As a result, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned and subject to his not being required in any other case. The petitioner shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial.

(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.

(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.

(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of.

- 3- (v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.

(vi) The petitioner shall not in any manner misuse his liberty. (vii) The petitioner shall furnish his address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion of the trial and in case for any reason, the petitioner seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason for the same.

(viii) The petitioner shall not leave the country without prior permission of the trial Court.

(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.

8.

It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order.

9.

In view of the above, it is clarified that the observations made herein are limited for the purpose of present proceedings and would not be construed as an opinion on the merits of the case and the trial would proceed independently of the aforesaid observations.

(AMAN CHAUDHARY) JUDGE July 25, 2023 M.Kamra Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No