Buta Singh v. State Of Punjab

Sr. No.213

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-15333 of 2020 (O&M) DATE OF DECISION : 02.09.2020 Buta Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Arshdeep Singh Brar, Advocate, for the petitioner.

Mr. Luvinder Sofat, AAG Punjab.

(Presence marked through video conference) ARUN MONGA, J. (ORAL) 1.

Petitioner seeks regular bail in FIR No. 108 dated 05.07.2015, registered under Sections 302, 307, 506 read with Section 34 IPC, Police Station Nehianwala, District Bathinda. In the alternative, a prayer for interim bail for three months has been sought on medical grounds. 2.

Per FIR, on 05.07.2015 the petitioner and his co-accused, Gurnam Singh fired gun shots on Gurjit Singh and Raju from their .12 bore gun. Gurjit Singh succumbed to a gun shot injury. The petitioner was arrested on 06.09.2015 and is in custody since then.

3.

Learned counsel has not pressed the petition on merits, at this stage and seeks interim bail given the ill-health of the petitioner. Petitioner is in custody for about five years and presently trial is held up due to covid-19 pandemic. The petitioner is sought to be released on interim bail for six months SONU 2020.09.03 09:14 I attest to the accuracy and integrity of this document

months for better management and treatment of his heart disease. Learned counsel relies on medical record of the petitioner, Annexures P-3 to P-5. 4.

Learned State counsel was asked to verify about the ill-health of the petitioner. He has placed on record copy of medical report of the petitioner issued by Medical Officer, Central Jail, Bathinda and in all fairness he admits that petitioner requires better medical treatment for management of his heart disease. He further admits that presently trial is held up due to Covid-19. 5.

As per medical report, petitioner is found suffering from acute Coronary Syndrome with inferior wall myocardial infection. He was referred to Guru Gobind Singh Medical College, Faridkot and was advised 2 D echo and angiography. Considering the medical report of the petitioner coupled with the fact that presently there is no headway in the trial, the request of the petitioner for releasing him on interim bail on medical ground is accepted. Petitioner shall be released on interim bail for a period of five months on his furnishing bail bonds and surety bonds to the satisfaction of concerned Chief Judicial Magistrate/ Duty Magistrate, as the case may be. The petitioner will surrender before the Jail authorities on 01.02.2021.

6.

With the observations ibid, the main petition itself stands disposed of with liberty to the petitioner to approach again for seeking regular bail. (ARUN MONGA) September 02, 2020 JUDGE Jiten Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No SONU 2020.09.03 09:14 I attest to the accuracy and integrity of this document