High Court of Punjab and HaryanaCRM-M/25292/2016disposed of

Maninder Singh @ Lakkar & ORS v. State Of Punjab & ANR

2016-08-22Mr. Justice Dr. Ravi Ranjan3 pages

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-25292 of 2016 Date of decision : August 22, 2016 Maninder Singh @ Lakkar and others ....Petitioners versus State of Punjab and another ....Respondents Bikramjit Singh @ Sodhi ....Petitioner versus State of Punjab ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. BS Bhalla, Advocate, for the petitioners in CRM-M-25292-2016 Mr. NS Sodhi, Advocate, for the petitioner in CRM-M-25000-2016 Mr. C.S.Brar, DAG, Punjab, for the respondent-State Mr. Shivender Pal Singh, Advocate, for the complainant Fateh Deep Singh, J. (Oral) Petition under section 438 Cr.P.C. moved on behalf of Maninder Singh @ Lakkar, Vinod Kumar and Sunny Kumar and regular bail application preferred by Bikramjit Singh @ Sodhi under section 439

-2Cr.P.C. have arisen out of one and the same FIR and are being taken up and disposed off together.

The brief allegations against the petitioners are that on 23.4.2016 the petitioners have attacked injured complainant Vijay Kumar. The allegations against Bikramjit Singh alias Sodhi are that he is alleged to have given blows of danda which are simple in nature whereas petitioner Maninder Singh alias Lakkar was empty handed, Sunny Kumar was armed with iron rod and Vinod Kumar also assaulted the complainant whereas non-applicant Sunil Kumar alias Kali Chiri had given a blow of Daah on the back of the complainant which as per the medical opinion found to be simple in nature.

The contention of counsel for the petitioners Mr. BS Bhalla and Mr. NS Sodhi that the parties have effected compromise is not controverted by the counsel for the complainant Mr. Shivender Pal Singh which is further endorsed by the learned State counsel.

In view of the compromise and the fact that injuries on the person of the injured are opined to be simple in nature together with the fact that petitioner Bikramjit Singh is in custody since 15.7.2016 and the investigations and trial shall take long time to conclude and sending other petitioners to custody shall be traversity of justice. In view of the aforesaid, without meaning to express any opinion on merits, both the petitions are allowed. In the event of arrest, the petitioners in CRM-M-25292-2016 shall be released on bail to the satisfaction of arresting/investigating officer till submission of report under

-3section 173 Cr.P.C. (challan). The petitioners shall, however, join the investigation as and when called for and shall also abide by the conditions specified under section 438 (2) Cr.P.C. Thereafter, petitioners will be permitted to furnish regular bail bonds to the satisfaction of the trial Court. Similarly petitioner Bikramjit Singh @ Sodhi in CRM-M25000-2016 is ordered to be released on regular bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Moga. ( Fateh Deep Singh ) August 22, 2016 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No