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High Court of Punjab and HaryanaCRM-M/40067/2016allowed

Kulwinder Singh @ Meena v. State Of Punjab

2016-11-162 pages

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-40067 of 2016 .....

Date of decision:16.11.2016 Kulwinder Singh alias Meena

...Petitioner

v.

State of Punjab

...Respondent

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Gagandeep Singh Sirphikhi, Advocate for the petitioner. Ms. Shivali, Assistant Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

The petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.161 dated 3.8.2015 (Annexure-P.1) registered for the offences under Sections 302, 307, 325, 341, 506, 148, 149 and 120-B IPC at Police Station Sadar Jagraon, District Ludhiana. Notice of motion has been issued.

Ms. Shivali, learned Assistant Advocate General, Punjab has put in appearance on behalf of the respondent-State and contested this petition.

I have heard learned counsel for the petitioner as well as learned Assistant Advocate General, Punjab appearing for the respondentState and have gone through the record. Harpal Singh Parmar 2016.11.17 10:52 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-40067 of 2016 [2] From the record, I find that the present petitioner is not named in the FIR. He has been nominated on the disclosure statement of coaccused and as per prosecution he was armed with a stick only and has not caused any injury to the deceased. He is attributed simple injury to Gurmeet Singh-injured with the stick.

The present petitioner has been in custody since 5.8.2015. The petitioner is not required for interrogation or investigation purposes as he is in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the final disposal of the case.

Therefore, keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, this criminal miscellaneous petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal bond in the sum of `50,000/- with two sureties in the like amount to the satisfaction of the trial Court/Duty Magistrate.

November 16, 2016.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No Harpal Singh Parmar 2016.11.17 10:52 I attest to the accuracy and authenticity of this document Chandigarh