Amandeep Bagga v. State Of Punjab

CRM-M-44494 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM-M-44494 of 2017 Date of Decision: 01.12.2017 Amandeep Bagga ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Ms. Rishma Verma, Advocate for the petitioner.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.164 dated 31.08.2016 registered for offences punishable under Sections 307, 148 read with Section 149 of Indian Penal Code (for short, "IPC") at Police Station Division no. 8, District Jalandhar. (Offence punishable under Section 25 of the Arms Act was added later on). Heard.

Notice of motion.

On asking of the court, Mr. C.L. Pawar, Sr. D.A.G., Punjab, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him.

The petitioner was arrested in this case on 16.09.2016. As per statement of complainant, the petitioner has been attributed injury on the right arm of complainant, which was declared grievous in nature. The injury, which was declared dangerous to life has been attributed to coJitender Kumar 2017.12.01 15:47 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-44494 of 2017 -2accused Hardeep Singh. Co-accused Kamalpreet Singh @ Sunny, Akshay Kumar @ Babloo and Jagdish Kumar @ Jacky have already been allowed anticipatory/regular bail in this case.

Learned State counsel submits that out of 15 witnesses prosecution has so far examined two witnesses, whose examination-in-chief has been recorded.

Keeping in view above facts, period of incarceration of petitioner and that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Amandeep Bagga is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the Court.

December 01, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.12.01 15:47 I attest to the accuracy and integrity of this document CHANDIGARH