High Court of Punjab and HaryanaCRM-M/38014/2017allowed

Buta Singh And Others v. State Of Punjab

2017-11-03Mrs Justice Daya Chaudhary2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-38014-2017 Date of decision: 03.11.2017 Buta Singh & ors.

..... Petitioners

Versus

State of Punjab ..... Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. H.P.S.Ishar, Advocate for the petitioners.

Mr. Rana Harjasdeep Singh, AAG, Punjab.

**** RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 439 Cr.P.C., petitionersButa Singh, Paramjit Singh @ Yuma and Mahna Singh @ Roshan Singh, have prayed for grant of regular bail in case FIR No.24 dated 07.03.2017 registered under Sections 365, 325, 323, 341, 148, 149, 427 IPC (Section 308 IPC added later on) at Police Station Sadar Mansa, District Mansa. 2.

According to the prosecution, petitioners along with co-accused caused injuries to the complainant Ranjit Singh @ Ghota on 04.03.2017. As many as 26 injuries were suffered by the complainant out of which two were declared grievous.

Learned counsel for the petitioners inter alia contends that no specific injury has been attributed to the petitioners. The petitioners are in custody since 25.05.2017. The conclusion of trial would take long time and no useful purpose would be served by keeping the petitioners in custody. Two co-accused have already been granted bail by the Coordinate Bench of this Court vide orders dated 22.09.2017 and 01.11.2017 respectively. Sonia Bura 2017.11.08 10:40 I attest to the accuracy and integrity of this document chandigarh

CRM-M-38014-2017 -24.

On the other hand, learned State counsel on instructions from ASI Labh Singh vehemently opposed the bail to the petitioners contending that the grievous injuries suffered by the complainant were declared dangerous to life. Therefore, the petitioners would have been charge-sheeted under Section 307 IPC instead of 308 IPC.

Considering the overall facts and circumstances of the case, but without expressing any opinion on the merits and also that conclusion of the trial may take time, treating the case of the petitioners on same parity, the instant petition is allowed. Petitioners- Buta Singh, Paramjit Singh @ Yuma and Mahna Singh @ Roshan Singh are ordered to be released on regular bail pending trial, subject to their furnishing bail bonds and surety bonds to the satisfaction of trial Court, Mansa.

November 03, 2017 ( RAMENDRA JAIN ) sonia JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Sonia Bura 2017.11.08 10:40 I attest to the accuracy and integrity of this document chandigarh