Dharminder Pal Alias Sonu Baba v. State Of Punjab

Criminal Misc.No.M-36650 of 2014 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc.No.M-36650 of 2014 Date of Decision: January 15, 2015 Dharminder Pal alias Sonu Baba

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr.Karanjit Singh, Advocate, for the petitioner.

Mr.Shilesh Gupta, Addl.AG, Punjab.

Naresh Kumar Sanghi, J.(Oral) Prayer in this petition is for grant of bail to the petitioner, Dharminder Pal alias Sonu Baba, who has been booked for having committed the offences punishable under Sections 148, 307 and 336, read with Section 149, IPC, and Sections 25 and 27 of the Arms Act, in a case arising out of FIR No.68, dated 30.06.2014, registered at Police Station, Islamabad, Amritsar. Learned counsel contends that even if the whole case of the prosecution is taken at its face value then also the ingredients of Section 307, IPC, are not attracted; concededly the injured, Rahul, had received the injuries on the ankle of his right leg and that the petitioner is behind the bars from 02.07.2014; after commitment of the case to the Court of Session and after SEEMA RANI 2015.01.15 17:16 I attest to the accuracy and authenticity of this document Chandigarh

Criminal Misc.No.M-36650 of 2014 [2] deposition of Rahul (injured), an application under Section 319, Cr.P.C has been moved for summoning of the additional accused, therefore, further incarceration of the petitioner is not of worth. Learned counsel for the State, on instructions from ASI Gurinder Singh, Police Station, Islamabad, very fairly concedes that the injuries received by injured Rahul were on the ankle of his right leg and after deposition of Rahul, an application under Section 319, Cr.P.C., has been presented before learned trial court. It has also been conceded that the petitioner is neither required nor involved in any other case.

After hearing the learned counsel for the parties, the present petition is allowed. Petitioner, Dharminder Pal alias Sonu Baba, r/o H.No.14, Gali No.7, Nivin Abadi, Kishan Kot, Islamabad, Amritsar, is ordered to be released on bail during pendency of trial of the present case subject to his furnishing bail bonds to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Amritsar.

January 15, 2015 (Naresh Kumar Sanghi) seema Judge SEEMA RANI 2015.01.15 17:16 I attest to the accuracy and authenticity of this document Chandigarh