High Court of Punjab and HaryanaCRM-M/34723/2015allowed

Deepak Kumar v. State Of Punjab

2015-10-15Mr Justice Rakesh Kumar Jain2 pages

Crl. Misc. No. M-34723 of 2015 -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-34723 of 2015 Date of Decision: 15.10.2015.

Deepak Kumar ......Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr. D.S.Pheruman, Advocate for the petitioner.

Mr. R.P.S.Sidhu, AAG, Punjab Mr. G.S.Nahel, Advocate for the complainant.

**** SABINA, J.

Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in FIR No. 36 dated 25.5.2015 under Section 307, 452, 483, 34 of the Indian Penal Code, 1860 and Section 25, 27 of the Arms Act, 1959 ('Act' for short) and Section 30 of the Act (added later on), registered at Police Station Sadar Sangrur, District Sangrur. Prosecution story, in brief, is that petitioner had fired shots at the complainant party. Jasvir Singh-complainant had suffered fire arm injury on his right ankle. Kulvir Singh had suffered injury on his right index finger.

Learned counsel for the petitioner has submitted that GURPREET SINGH 2015.10.15 15:30 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-34723 of 2015 -2in fact, petitioner had also suffered nine injuries in the alleged occurrence. Petitioner was also medically examined on the same day. Petitioner is in custody since 30.5.2015. Challan has already been presented in the Court and conclusion of trial may take time.

Learned State counsel, who is assisted by the counsel for the complainant, on the other hand, has opposed the petition. Learned State counsel has submitted that the allegations levelled against the petitioner are serious in nature. In the present case, petitioner is in custody since 30.5.2015. Petitioner had also suffered nine injuries and was medically examined. Although, no cross-version has been registered in the present case and the version put-forth by the petitioner was found to be false but keeping in view the overall facts and circumstances of the case, it would be just and expedient to order the release of the petitioner on bail. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of Chief Judicial Magistrate, Sangrur.

(SABINA) JUDGE October 15, 2015 Gurpreet GURPREET SINGH 2015.10.15 15:30 I attest to the accuracy and authenticity of this document chandigarh