Tejbir Singh v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: October 20, 2015 Tejbir Singh

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr. Yogesh Goel, Advocate, for the petitioner.

Mr. Sanjay Kumar, AAG, Haryana, for the respondent.

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 bail to the petitioner, Tejbir Singh, son of Dalip Singh, resident of village Kurar, Tehsil Safidon, District Jind, who has been booked for having committed the offences punishable under Sections 148, 307, 323, 324, 341 and 506 read with Section 149, IPC, in a case arising out of FIR No. 199, dated 20.5.2015, registered at Police Station, Safidon, District Jind. Learned counsel contends that it is a case of version

and cross-version. The informant side has been booked for having committed the offences punishable under Sections 325 and 452, IPC, etc. and, as such, it is clear that the opposite party had trespassed in the house of the petitioner and caused injuries in which four persons from petitioner's side had received simple and grievous injuries. He further submits that the petitioner is behind the bars from 12.6.2015 and after completion of the investigation, the charge-sheets (challans) have been filed against both the parties. He further submits that the occurrence had taken place on account of the fact that information applied under the Right to Information Act, 2005, was not supplied by father of Pankaj, a co-accused of the petitioner.

Learned counsel for the State does not controvert the fact that it is a case of version and cross-version and the other party (informant side) has been booked for having committed the offence punishable under Section 452, IPC, etc. After hearing learned counsel for the parties and going through the material available on record, this Court finds that the issue as to which party was aggressor, would be decided during course of trial.

Keeping in view totality of the facts and circumstances

of the case, the present petition is allowed. The petitioner, Tejbir Singh, son of Dalip Singh, resident of village Kurar, Tehsil Safidon, District Jind, is directed to be released on bail during pendency of the trial of the present case subject to his furnishing bonds to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Jind.

(NARESH KUMAR SANGHI) JUDGE October 20, 2015 Pkapoor