Gurdeep Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-25901-2024 (O&M) Date of Decision:-4.7.2024 Gurdeep Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Lakhwinder Singh Mann, Advocate for the petitioner. Mr. I.P.S. Sabharwal, DAG, Punjab.

***** FIR No.

Dated Police Station Section/s 1.6.2020 Chamkaur Sahib, District Rupnagar 323, 341 and 34 of Indian Penal Code GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks grant of regular bail in respect of the aforementioned FIR.

2.

The allegations, in nutshell, are that the petitioner had inflicted stick blows on the back of the complainant, who is a neighbour of the petitioner. 3.

Learned counsel for the petitioner submits that all the offences alleged are bailable and that as a matter of fact the petitioner had been granted bail, but on account of his absence from the proceedings of the trial on 24.3.2021, his bail was cancelled and subsequently he was declared proclaimed offender. It GEETA RANI 2024.07.04 15:46 I attest to the accuracy and authenticity of this document

CRM-M-25901-2024 (O&M) ( 2 ) has further been submitted that the petitioner otherwise has a clean record and that ever since his re-arrest on 7.2.2024, he has been behind bars. 4.

Opposing the petition, learned State counsel submitted that it is not just a case of absence of the petitioner on one date, but he remained continuously absent for a period of more than one year and since he has been declared a proclaimed offender, there is an apprehension that in case granted bail, the petitioner would again attempt to thwart the proceedings of trial or flee from justice. Learned State counsel has, however, not disputed that the petitioner is not involved in any other case and that he has been in custody since 7.2.2024. 5.

Having heard learned for the petitioner and also learned State counsel and while noticing that it is a case where the petitioner has a clean record and is not involved in any other case and has been behind bars for a substantial period of about 5 months in respect of an FIR, wherein bailable offences are alleged to have been committed by the petitioner, the petition merits acceptance and is hereby accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 4.7.2024 ( Gurvinder Singh Gill ) Geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No GEETA RANI 2024.07.04 15:46 I attest to the accuracy and authenticity of this document