Jagir Singh v. State Of Punjab

Crl. Misc. No. M-44573 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No. 210 Case No. : Crl. Misc. No. M-44573 of 2016 Date of Decision : February 20, 2017 Jagir Singh ....

Petitioner vs.

State of Punjab ....

Respondent CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL.

* * * Present :

Ms. Satwant Mehta, Advocate for the petitioner.

Ms. Dhivya Jerath, Advocate for the State of Punjab.

* * * DEEPAK SIBAL , J.

:

Through the present petition filed under Section 439 Cr.P.C., the petitioner seeks grant of regular bail in FIR No. 07 dated 14.01.2016, registered under Sections 302, 307, 449, 452, 148, 149 IPC read with Sections 25, 27, 30, 54, 59 of the Arms Act, at Police Station Harike, District Tarn Taran.

Seeking regular bail for the petitioner, learned counsel for the petitioner submits that even if the case of the prosecution is taken as the gospel truth, there is no injury attributed qua the petitioner; the post-mortem report does not reflect any injury alleged to have been caused by the petitioner; the petitioner has been in custody for the last over one year and Monika 2017.02.20 18:22 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-44573 of 2016 one month; no other criminal case is pending against the petitioner; till date, no prosecution witness has been examined and therefore, the trial is likely to take a long time to conclude.

The afore-referred factual position has not been controverted by learned State counsel.

As per the FIR, no injury is attributed to the petitioner; he has been in custody for the last over one year and one month; no other criminal case is pending against the petitioner; no prosecution witness has yet been examined and therefore, it is likely that the trial may take a long time to conclude.

In view of the above, the petition is allowed and the petitioner is directed to be released on regular bail.

Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Tarn Taran.

Nothing observed herein above shall be considered to be an expression of opinion by this court on the merits of the case. ( DEEPAK SIBAL ) JUDGE February 20, 2017 monika Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.

Monika 2017.02.20 18:22 I attest to the accuracy and integrity of this document