Maninderjit Singh Alias Sunny Alias Kukkar Sunny v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: September 17, 2015 Maninderjit Singh @ Kukkar @ Sunny

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr. Yogesh Goel, Advocate, for the petitioner.

Mr. K.S. Pannu, DAG, Punjab, for the respondent.

Mr. Sunil Chadha, Senior Advocate, with Ms. Pallvi Singh, Advocate, for the informant.

1.

Whether Reporters of local papers may be allowed to see the judgment? 2.

To be referred to the Reporters or not?

3.

Whether the judgment should be reported in the Digest? NARESH KUMAR SANGHI, J (Oral) Prayer in this petition, filed under Section 439, Cr.P.C., is for grant of regular bail to the petitioner, Maninderjit Singh @ Kukkar @ Sunny, son of Amrik Singh, resident of House No. 14689, Gali No. 13, Bhagwan Nagar, Ludhiana, who has been booked for having committed the offences punishable under Sections 148, 302 and 506 read with Section 149, IPC, in a case

arising out of FIR No. 85, dated 24.6.2013, registered at Police Station, Shimlapuri, District Ludhiana.

Learned counsel contends that even if whole case of the prosecution is taken at its face value, then also the role assigned to the petitioner is to catch hold Arsh Jangra (since deceased) and the injury by means of knife was caused by the co-accused, Satwant Singh @ Satti. Though the allegation to catch hold was also levelled against Sahabjot Singh @ Jyoti, yet, he was found innocent during investigation. He was granted bail after his summoning under Section 319, Cr.P.C. The petitioner is behind the bars from 25.6.2013 and his further incarceration would not be of any consequence.

Learned counsel for the State on instructions from ASI Angrej Singh of Police Station, Shimlapuri, District Ludhiana, has not controverted the fact that the role assigned to the petitioner was to catch hold of Arsh Jangra (since deceased). Mr. Sunil Chadha, learned senior counsel representing the informant, assisted by Ms. Pallvi Singh, Advocate, though opposed grant of bail to the petitioner, but could not justify as to why his further custody is necessitated. After hearing learned counsel for the parties and

going through the material available on record, this Court is of the considered opinion that further incarceration of the petitioner is not of any consequence and, hence, the present petition is allowed. The petitioner, Maninderjit Singh @ Kukkar @ Sunny, son of Amrik Singh, resident of House No. 14689, Gali No. 13, Bhagwan Nagar, Ludhiana, is directed to be released on bail during pendency of the trial of the present case subject to his furnishing bonds in the sum of `1,00,000/- (Rupees one lac only) with one surety of the like amount, to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Ludhiana. (NARESH KUMAR SANGHI) JUDGE September 17, 2015 Pkapoor