High Court of Punjab and HaryanaCRM-M/45307/2016disposed of

Mela Singh v. State Of Punjab

2017-02-22Mr. Justice Fateh Deep Singh2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Criminal Misc. No. M-45307 of 2016 Date of decision : February 22, 2017 Mela Singh ....Petitioner versus State of Punjab ....Respondent Criminal Misc. No. M-522 of 2017 Balkar Singh @ Kala ....Petitioner versus State of Punjab ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. JS Dhaliwal, Advocate, for the petitioners Mr. Gurinderjit Singh, DAG, Punjab for the respondent Mr. LS Sidhu, Advocate, for the complainant Fateh Deep Singh, J. (Oral) Both the aforesaid regular bail application filed under section 439 Cr.P.C. are arising out of one and the same FIR and are being disposed of together.

The allegations against petitioners Balkar Singh @ Kala and Mela Singh are that on 26.8.2016, a fight ensued between the accused side and the complainant side leading to injuries to Jagtar Singh son of complainant Surjit Singh.

The contentions of counsel for the petitioners are that the petitioner-Mela Singh in custody since 29.8.2016 whereas petitioner-Balkar Singh @ Kala is in custody since 2.9.2016 and that no offence under Dalbir Singh Tiwana 2017.02.27 11:26 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-45307 of 2016 -2section 307 IPC is made out by any medical means. Though on behalf of State counsel assisted by counsel for the complainant the bail is sought to be opposed on the grounds that the petitioners have taken law into their hands and that the victim was referred to PGI, Chandigarh for expert treatment is sufficient to hold the gravity of the medical injuries so received. Appreciating the submissions, the petitioners admittedly are in custody since 29.8.2016 and 2.9.2016 respectively and the bare perusal of the medical evidence no where reflects that any of the injuries were dangerous to life and which could not be controverted by the learned State counsel or the counsel for the complainant and there is only opinion as to fracture of right Ulna by blunt means which has been opined to be grievous in nature.

Thus a debatable issue having arisen about the very applicability of section 307 IPC together with the fact that the trial is not likely to be concluded in near future, without adverting to the merits of the case, both the bail application are allowed. Bail to both the petitioners namely Mela Singh and Balkar Singh @ Kala to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate,Mansa.

Both the present petitions stand disposed off accordingly. ( Fateh Deep Singh ) February 22, 2017 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No Dalbir Singh Tiwana 2017.02.27 11:26 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.