Iqbal Singh v. State Of Punjab

CRM-M-27369 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-27369 of 2017 Date of Decision: 20.09.2017 Iqbal Singh ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. A.G.S. Dhillon, Advocate for the petitioner.

Mr. Luvinder Sofat, A.A.G. Punjab Mr. D.S. Sandhu, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.09 dated 18.01.2016 registered for offences punishable under Sections 307, 427, 148 read with Section 149 of Indian Penal Code (for short, "IPC") and 25/27 of the Arms Act, at Police Station Sadar Dhuri, District Sangrur. Heard.

Learned counsel for the petitioner submits that the matter has since been amicably settled with complainant/injured(s), who have given their statements in the form of affidavit, copy of which has been placed on file as Annexure P-2.

Learned counsel appearing for complainant-respondent no. 2 endorses submissions of learned counsel for the petitioner and submits that affidavit (Annexure P-2) has been voluntarily given by the complainant/injured(s).

Jitender Kumar 2017.09.20 17:32 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-27369 of 2017 -2As per allegations in FIR, petitioner had fired shot with his 12 bore gun, which hit on leg of Satnam Singh.

Learned State counsel submits that the offence committed by petitioner is quite serious and grievous, as such, he is not entitled to bail even on the basis of compromise.

The case is still at the stage of investigation and the police is verifying the version of complainant and the petitioner. They have also entered into a settlement.

Keeping in view above facts but without expressing any opinion on merits of the case and the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Iqbal Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

September 20, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.09.20 17:32 I attest to the accuracy and integrity of this document CHANDIGARH