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High Court of Punjab and HaryanaCRM-M/36001/2018allowed

Lovedeep v. State Of Punjab

2018-10-12Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.36001 of 2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.36001 of 2018 (O&M) Decided on: 12.10.2018 Lovedeep ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. J.S. Thakur, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.70 dated 13.04.2018, for offence punishable under Sections 452, 323, 341, 148 and 149 of the Indian Penal Code (in short 'IPC'), registered at Police Station Kartarpur, District Police Jalandhar (Rural).

Counsel for the petitioner has submitted that the petitioner is not involved in any other case and he is judicial custody since 18.04.2018. It is further submitted that initially the FIR was registered under Sections 452, 323, 341, 148, 149 IPC and later on, Section 308 IPC was added vide Rapat dated 17.04.2018 on account of the injuries sustained by Gurpreet Singh, which was attributed to the petitioner. Counsel for the petitioner has also submitted that challan stands presented and custodial interrogation of the petitioner is no more MOHD YAKUB 2018.10.12 17:15 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.36001 of 2018 (O&M) required and it will take some time in conclusion of the trial. Counsel for the State, on instructions from ASI Bodh Raj, has submitted that the victim has suffered grievous injury and as per the opinion of the Oxford Hospital, Jalandhar, it was declared dangerous to life.

In reply, counsel for the petitioner has submitted that there is no opinion from the Medical Board whether the injury was declared dangerous to life or not.

Without commenting anything on merits of the case, considering the fact that the petitioner is in judicial custody since 18.04.2018; the investigation is complete; challan stands presented ; the petitioner is not involved in any other case and conclusion of the trial is likely to take some time, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Illaqa Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) JUDGE 12.10.2018 yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2018.10.12 17:15 I attest to the accuracy and authenticity of this document High Court, Chandigarh