High Court of Punjab and HaryanaCRM-M/26745/2016disposed of

Balwinder Singh @ Laddi v. State Of Punjab

2016-10-24Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Misc. No. M-26745 of 2016 Date of decision : October 24, 2016 Balwinder Singh @ Laddi ....Petitioner versus State of Punjab ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. Sumeet Puri, Advocate, for the petitioner Mr. J.S.Brar, AAG, Punjab, for the respondent Fateh Deep Singh, J. (Oral) The allegations against petitioner Balwinder Singh @ Laddi in this regular bail application under section 439 Cr.P.C. are that on 9.12.2015, he along with his co-accused non-applicant Kulwinder Singh while coming on stolen motorcycle was accosted by the police and in the ensuing situation it is alleged that the petitioner had fired at the police five rounds in the air. The contentions of the counsel for the petitioner are that similarly placed co-accused non-application Kulwinder Singh has been allowed bail vide order dated 12.7.

2016 by this Court and that the case of the petitioner is not distinguishable from that of his co-accused and thus, in in view of principle of parity and as has been contended by the counsel for the petitioner, the petitioner is in custody since 9.12.2015 and that the trial is not likely to be concluded in near future. Dalbir Singh Tiwana 2016.10.27 11:23 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-26745 of 2016 -2- Keeping in view the substantive period of incarceration and the fact that being a no injury case the very applicability of section 307 IPC is a debatable issue and the trial is not likely to be concluded in near future, without adverting to the merits of the case, the instant application is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Sangur.

The present petition stands disposed off accordingly. ( Fateh Deep Singh ) October 24, 2016 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No Dalbir Singh Tiwana 2016.10.27 11:23 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.