Sukhwinder Singh @ Sonu v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- April 19, 2018 Sukhwinder Singh @ Sonu

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Bikramjit Singh Bajwa, Advocate for the petitioner. Mr. Saurav Khurana, DAG, Punjab.

*** This petition for regular bail has been filed by petitioner Sukhwinder Singh @ Sonu, an accused in F.I.R. No. 156 dated 05.08.2017 for offence under Sections 353, 186, 307, 34 IPC and Sections 25 and 27 of the Arms Act registered with Police Station Civil Line, Batala, District Gurdaspur.

Briefly stated the facts of the case as per the prosecution story are that on 4.8.2017, a police party had conducted a raid in Laliyanwali Street where two persons were standing. On a lalkara having been raised by one of such persons Rajinder Kumar @ Ladda fired a shot from his revolver hitting complainant SI Khushkaran Singh on his right leg. Formal F.I.R. was got recorded on the basis of statement of SI Khushkaran Singh. Accused was arrested in this case on 6.8.2017. He had

moved an application for regular bail before the Court of Sessions which was dismissed by Additional Sessions Judge, Gurdaspur vide order dated 18.9.2017, as such he has knocked the door of this Court for similar relief by filing the present petition which is being opposed by the State counsel. I have heard learned counsel for the petitioner, learned State counsel besides going through the record.

Admittedly the petitioner is not named in the F.I.R. and the only role attributed to him is of giving push to the complainant. He is behind bars for about 8 months.

Though challan has been filed and the charge is framed but the the trial is at the preliminary stage. Conclusion of trial is likely to take some time, therefore, I find that it would be in fitness of things if the present petition is allowed. The petitioner is ordered to be released on bail on furnishing bail bond and surety bond to the satisfaction of the learned trial Court/CJM/Duty Magistrate, Gurdaspur subject to the following conditions : - (i) he shall appear in the Court on each and every date of hearing.

(ii) he shall not give any threat or intimidation to the prosecution witnesses.

(iii) he shall not leave India without prior permission of the Court and shall surrender his Passport, if he has got one otherwise to furnish affidavit in that regard. In addition to that the trial Court may impose any term and condition found suitable to ensure that the petitioner does not abscond and

interfere in the trial.

In case the petitioner violates any term and condition on which the bail has been granted to him, the order shall be liable to be withdrawn. (H.S. MADAAN) JUDGE April 19, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No