High Court of Punjab and HaryanaCRM-M/24885/2019allowed

Sukhchain Singh @ Goldi v. State Of Punjab

2019-09-19Mr. Justice Anil Kshetarpal2 pages

CRM-M-24885-2019 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-24885-2019 (O&M).

Decided on : September 19, 2019.

Sukhchain Singh @ Goldi ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL * * * PRESENT Mr.Tanvir Singh Grewal, Advocate, for for the petitioner.

Mr.S.P.S.Tinna, Addl. A.G., Punjab.

* * * ANIL KSHETARPAL, J. (ORAL) Petitioner Sukhchain Singh @ Goldi, prays for grant of regular bail in FIR No.103, dated 8.7.2018, registered under Sections 302, 341, 323, 506, 148 and 149 IPC, at Police Station Dirba, District Sangrur. Learned counsel for the petitioner contends that as per the case of the first informant (the alleged eye witness), petitioner was armed with a wooden stick but not attributed to have caused any injury to the deceased. He further submits that the petitioner is in custody for more than one year. He further draws attention of the Court to the order passed on RAJ KUMAR ARORA 2019.09.19 17:20 I attest to the accuracy and integrity of this document

CRM-M-24885-2019 (O&M) 6.9.2019 while disposing of CRM-M-35988-2019 and CRM-M-32418-2019, with respect to co-accused of the petitioner. On the other hand, learned counsel for the State, has opposed the application on the ground that the petitioner was a member of an unlawful assembly.

Learned counsel for the State admits that the prosecution has only examined one witness out of 20 proposed to be examined. The petitioner is not involved in any other criminal case as per custody certificate.

Without commenting on the merits of the case and keeping in view the aforesaid fact that the petitioner is in custody for the last more than one year and the trial of the case is likely to take a long time, the petitioner is directed to be released on regular bail subject to furnishing of adequate surety to the satisfaction of the trial Court/Duty Magistrate. Accordingly, the present petition is allowed with the aforesaid directions.

(ANIL KSHETARPAL) JUDGE September 19, 2019.

raj arora Whether speaking/reasoned?

Yes/No Whether reportable?

Yes/No RAJ KUMAR ARORA 2019.09.19 17:20 I attest to the accuracy and integrity of this document