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High Court of Punjab and HaryanaCRM-M/21697/2021allowed

Panna Singh v. State Of Punjab

2021-07-28Mr. Justice Amol Rattan Singh2 pages

 CRM-22257-2021 in CRM-M-21697-2021  

        

     









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 Case heard via video conference.

CRM-22257-2021 Vide this application a copy of the compromise deed stated to have been entered into by the petitioner and his co-accused with the complainant in the FIR, is sought to be placed on record. Notice in the application.









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CRM-M-21697-2021 On the last date of hearing, the matter had been adjourned till today while admitting the co-accused of the petitioner to bail, with learned State counsel asked to file an affidavit of a gazetted officer as regards the exact role of the petitioner and his criminal antecedents, the attribution upon him being a kirpan blow on the person of one Gurkirat Singh (whereas as regards the person admitted to bail an allegation of fist blows on the person of one Karam Singh was attributed, on whose person actually a sharp edged weapon injury was found).

DHARAM VIR 2021.08.02 12:30 I attest to the accuracy and integrity of this document

CRM-M-21697-2021 -2Today, learned State counsel submits that he has the affidavit executed by the Assistant Commissioner of Police, Central Ludhiana, dated 26.07.2021, though that could not be filed on time. However, he submits that as per the said affidavit there are found to be three injuries on the person of Gurkirat Singh, one on his eyebrow and two on his feet, shown to be inflicted by a blunt edged weapon and all found to be simple injuries.

He next submits, upon query, that as per the said affidavit there is no other criminal case registered against the petitioner, who has been in custody now for about 5 months.

That being so, without making any comment on the actual merits of the case,           #    #  

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It is also to be noticed that the Registry has put up alongwith the file the orders passed in 3 petitions, which are presumed to be arising out of the same FIR, which are seen to be petitions filed under the the provisions of Section 438 of the Cr.P.C.

Those petitions are seen to be still pending final adjudication, with interim orders passed therein. Obviously, the criterion for admitting an accused to bail under the provisions of Sections 438 and 439 is wholly different.





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'&()* dharamvir// JUDGE DHARAM VIR 2021.08.02 12:30 I attest to the accuracy and integrity of this document