Anil Kumar v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Misc. No. M-38019 of 2016 Date of decision : November 11, 2016 Anil Kumar ....Petitioner versus State of Punjab ....Respondents Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. Amit Verma, Advocate, for the petitioner Mr. Jasjeet Dhaliwal, DAG, Punjab, for the respondent Fateh Deep Singh, J. (Oral) The allegations against petitioner Anil Kumar in this regular bail application under section 439 Cr.P.C. are that 26.9.2009 he along with his co-accused non-applicant has assaulted injured Arun Kumar. The only attribution against the petitioner is that he has caught hold of the victim whereas his co-accused have assaulted him. The contentions of counsel for the petitioner that no injury is attributed to the petitioner and the only injury covered under section 326 IPC is attributed to his co-accused which is on the right hand, a non-vital part and that the petitioner is in custody since 28.7.2016. The factual position is not controverted by the learned State counsel.

Keeping in view the period of incarceration and the fact that the trial is not likely to be concluded in near future, without adverting to the Dalbir Singh Tiwana 2016.11.15 10:35 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-38019 of 2016 -2merits of the case, the instant application is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Hoshiarpur.

The present petition stands disposed off accordingly. ( Fateh Deep Singh ) November 11, 2016 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No Dalbir Singh Tiwana 2016.11.15 10:35 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.