Balkar Singh v. State Of Punjab

Crl. Misc. No. M-14735 of 2020 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-14735 of 2020 Date of decision :- 06.08.2020 Balkar Singh

...Petitioner

versus State of Punjab

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Harmanpreet Sehgal, Advocate for the applicant-petitioner Mr. J.S. Ghuman, Addl.A.G Punjab **** RITU BAHRI , J. (Oral) CRM-18654-2020 Application is allowed as prayed for.

Accordingly, Annexure P-9 is taken on record. CRM-M-14735-2020 Prayer in this petition is for grant of regular bail to the petitioner, in a case arising out of FIR No.143 dated 14.09.2019 (P-1), registered at Police Station Sadar Malout, District Muktsar Sahib, who has been booked for having committed the offence punishable under Section 307/324/341/323/508/148/149 of IPC (Section 201 IPC added lateron) and Sections 25/27 of Arms Act.

A bare perusal of order dated 20.05.2020 (P-9) declining regular bail to the petitioner shows that petitioner was declined regular bail as he was attributed fire arm injury. Petitioner is the one who had fired directly at the injured and it was luck of the injured that he survived. The GAURAV ARORA 2020.08.07 14:10 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-14735 of 2020 -2intention to kill was very much evident.

Learned counsel for the petitioner refers to medical opinion dated 19.09.2019 (P-2) given by the doctor wherein the firm arm injury has been declared simple in nature. Learned counsel for the petitioner has further referred to order dated 13.05.2020 passed in CRM-M-12220-2020 whereby this Court granted anticipatory bail to the accused Kanwaljeet Singh @ Kanwarjit Singh and Karamjit Singh.

Learned State counsel on instructions submits that challan has been presented on 01.06.2020 and out of 20 witnesses, none had been examined.

Heard.

Petitioner is in custody since 13.03.2020.

Keeping in view the fact that the trial is likely to take some time to conclude and the fact that the injury attributed to the petitioner was declared simple in nature, the present petition is allowed. Petitioner is ordered to be released on bail during pendency of the trial of the present case, subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Sri Muktsar Sahib. 06.08.2020 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2020.08.07 14:10 I attest to the accuracy and integrity of this document Chandigarh