Arjun Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-26341-2021 Decided on : 19.07.2021 Arjun Singh . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Dr. D.P.S. Randhawa, Advocate for the petitioner(s).

Mr. Luvinder Sofat, AAG, Punjab assisted by ASI Afrik Singh.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in cross version vide DDR No. 40, dated 17.05.2021, for offences under Sections 323, 324, 452, 295, 379-B, 354, 354-B, 148, 149 of IPC, in case FIR No. 38, dated 17.05.2021, under Sections 452, 326, 323, 324, 34 of IPC, registered at Police Station Dera Baba Nanak, District Gurdaspur.

Learned counsel for the petitioner submits that it is a case of version and cross version, wherein, both the parties received injuries at the hands of each other. He further submits that the name of the petitioner figured after seven days in the DDR No. 40, dated 17.05.2021, which was recorded at the instance of Paramjit Kaur, wherein, the petitioner was assigned a role of inflicting a blow with a dang on the hands of the daughter of the complainant. Learned counsel submits that the petitioner is a 67 years old man, who has been in custody since 25th May, 2021 and there is no likelihood that the trial would conclude anytime in the near future. JAWALA RAM 2021.07.20 16:25 I attest to the accuracy and integrity of this document

CRM-M-26341-2021 - 2 - Hence, in the facts and circumstances of the case and the injury attributed to him, which was opined was to be simple in nature, he be extended the concession of regular bail.

On the other hand, learned State counsel has opposed the prayer and submissions made by learned counsel for the petitioner. He has, however, not been able to controvert the submissions made by learned counsel for the petitioner with respect to the role and injury attributed to him in the FIR in question.

Heard.

In view of the submissions made by learned counsel for the parties and keeping in view the fact that the petitioner is a 67 years old man and has been in custody since 25th May, 2021, I deem it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. (MANJARI NEHRU KAUL) JUDGE July 19, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.07.20 16:25 I attest to the accuracy and integrity of this document