High Court of Punjab and HaryanaCRM-M/46052/2018allowed

Gurjeet Singh v. State Of Punjab

2018-10-25Mr. Justice Arvind Singh Sangwan2 pages

CRM-M-46052-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-46052-2018 Date of decision: - 25.10.2018 Gurjeet Singh ....Petitioner

Versus

State of Punjab .....Respondent CORAM : HON'BLE MR. JUSTICE INDERJIT SINGH Present:- Mr. Amaninder Singh Sekhon, Advocate, for the petitioner.

**** INDERJIT SINGH , J.

Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.149 dated 12.09.2018, under Sections 304, 427, 337 and 338 IPC, registered at Police Station Sadar, Sri Muktsar Sahib, District Sri Muktsar Sahib. Notice of motion.

Mr. Pawan Sharda, Sr. DAG, Punjab, has put in appearance on behalf of the respondent-State and contested the petition. Mr.Amandeep Chhabra, Advocate appeared on behalf of the complainant and also contested the petition.

I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. As per the allegations in the FIR, which was got recorded by complainant-Gursewak Singh, the present petitioner was driving the NARESH KUMAR 2018.10.26 16:21 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-46052-2018 -2tractor along with loaded trolley in a zig-zag manner. The said trolley over-turned and Gurshan Singh (since deceased) and his friend Harmandeep Singh were buried under it.

Learned counsel for the petitioner submitted that it is a case under Section 304-A IPC whereas learned counsel for the State contested this argument.

The petitioner has been in custody since 13.09.2018. He is not required for investigation or interrogation purposes as he is in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the disposal of the case. Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal/surety bonds in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate. ( INDERJIT SINGH ) October 25, 2018 JUDGE naresh.k Whether reportable?

Yes Whether reasoned/speaking?

No NARESH KUMAR 2018.10.26 16:21 I attest to the accuracy and integrity of this document Chandigarh