High Court of Punjab and HaryanaCRM-M/22860/2023allowed

Nirmal Singh v. State Of Punjab

2023-07-03Mr. Justice Pankaj Jain2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-22860-2023 Date of decision : 03.07.2023 Nirmal Singh ....Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Deepak Gupta, Advocate for the petitioner.

Mr. Amit Shukla, Asstt. Advocate General, Punjab. PANKAJ JAIN, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.39 dated 5th of March, 2023 registered for the offences punishable under Sections 307, 34 of the Indian Penal Code, 1860 at Police Station Sadar Faridkot, District Faridkot. Custody Certificate of the petitioner has been filed on behalf of the respondent-State today in Court. The same is taken on record. Counsel for the petitioner submits that even as per the allegations levelled in the FIR, the injury on the person of Bikramjit Singh alias Vicky is attributable to Ranjit Singh alias Gheecher the co-accused and not to the petitioner. The petitioner is behind the bars for about 4 months. Challan already stands presented and there is no apprehension that the petitioner in any way would tamper with the evidence or can influence the investigation.

DEEPAK KUMAR 2023.07.03 15:50 I attest to the accuracy and integrity of this document

CRM-M-22860-2023 -22023:PHHC:082970 State Counsel is not in position to dispute the aforesaid factual assertions borne out from the record.

As per the custody certificate dated 2nd of July, 2023, it is evident that the petitioner has undergone custody of 3 months and 26 days. Thus, without commenting on the merits of the case, keeping in view the incarceration already suffered by the petitioner and the fact that the investigation already stands concluded and Challan stands presented, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.

Needless to say that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. July 03, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2023.07.03 15:50 I attest to the accuracy and integrity of this document