Sukhdev Singh v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH DATE OF DECISION :- January 23, 2018 Sukhdev Singh
...Petitioner
Versus
State of Punjab
...Respondent
CRM-M No. 43996 of 2017 Tej Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM:
HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Gurpal Singh Sandhu, Advocate for the petitioners. Mr. Ramandeep Singh Sandhu, Sr. DAG, Punjab.
*** My this order shall dispose of two petitions for regular bail i.e. CRM-M No. 43996 of 2017 filed by Tej Singh and CRM-M No. 43750 of 2017 filed by Sukhdev Singh. Both of them being accused in F.I.R. No. 68 dated 16.7.2017 for offences under Sections 302, 364, 323, 148, 149 IPC registered with P.S. Sadar Abohar, District Fazilka on the allegations that on 15.7.2017 at about 11.30 P.M. in the area of village Gaddadob, these petitioners along with their co-accused had forcible taken away Ranjit Singh, father of complainant Surinder Singh from his house and then he was beaten up, resultantly causing multiple injuries to Ranjit Singh, who had
succumbed to such injuries at GGS Medical College and Hospital, Faridkot. Both the accused were arrested in this case on 25.7.2017. Presently they are in custody and facing trial in the Court of Additional Sessions Judge, Fazilka, inasmuch as the charge is yet to be framed. They had moved an application for regular bail which was dismissed by Additional and District Judge, Fazilka vide order dated 17.10.2017 and as such they have approached this Court praying for grant of similar relief., I have heard learned counsel for the petitioner and learned State counsel besides going through the record.
I have gone through the F.I.R. with the assistance of learned counsel for the petitioners and learned State counsel, wherein the role assigned to both the petitioners is raising lalkara (exhortation). There are no specific allegations of their having given any injury to the deceased. Tej Singh is stated to be aged about 70 years whereas Sukhdev Singh is aged about 75 years.
Learned counsel for the petitioners submits that they are not keeping good health. The trial is at initial stage. Keeping in view all the facts and circumstances of the case as well as the fact that the trial is at initial stage, I find it proper and appropriate to allow bail to both the petitions. Accordingly, both the petitions are accepted and petitioners are ordered to be released on bail on furnishing bail bonds and surety bonds to the satisfaction of the learned trial Court/CJM/Duty Magistrate, Fazilka subject to the following conditions : - (i) They shall appear in the Court on each and every date of
hearing.
(ii) They shall not give any threat or intimidation to the prosecution witnesses.
(iii) They shall not leave India without prior permission of the Court.
In addition to that the trial Court may impose any term and condition found suitable to ensure that the petitioners do not abscond and interfere in the trial.
In case the petitioners violate any term and condition on which the bail has been granted to them, the prosecution would be entitled to apply for cancellation of bail.
(H.S. MADAAN) JUDGE January 23, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No