Surjan Singh v. State Of Punjab And ANR.

CRM-M-8284-2018 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 209-2 CRM-M-8284-2018 (O & M) Date of Decision:13.05.2019 Surjan Singh

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr. A.S. Manaise, Advocate for the petitioner.

Mr. Harsimar Singh Sitta, AAG, Punjab.

Mr. Vipin Mahajan, Advocate for respondent No.2. *** MANOJ BAJAJ, J.(ORAL) Petitioner has filed this petition under Section 439(2) of the Code of Criminal Procedure for cancellation of regular bail granted to accused/respondent No.2 by learned Additional Sessions Court, Gurdaspur vide order dated 30.01.2018 (Annexure P-3) in case bearing FIR No.34 dated 12.07.2017, under Sections 302/452/326/324/323/148/149 IPC, registered at Police Station Dorangla, District Gurdaspur. Learned counsel for the petitioner contends that the nature of injury caused was wrongly construed as simple in nature. He further contends that threats were allegedly extended by respondent No.2/accused, therefore, the order of bail deserves to be quashed. Sheetal Gawri 2019.05.20 18:58 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-8284-2018 (O & M) -2On the other hand, learned counsel for respondent No.2 submits that regarding the alleged threats, no such complaint was ever made either before the Presiding Officer or before the Police. He further contends that the concession of bail granted to respondent No.2 was never misused. At this stage, learned counsel for the petitioner fairly states that the concession of bail granted by the Court below was never put to misuse by the accused.

In view of the above, no ground is made out for cancellation of bail.

Dismissed.

13.05.2019 (MANOJ BAJAJ) sheetal JUDGE Whether Speaking/Reasoned: Yes/No Whether Reportable : Yes/No Sheetal Gawri 2019.05.20 18:58 I attest to the accuracy and integrity of this document Chandigarh