Harvinder Singh @ Babbu Singh v. State Of Punjab
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+ $ ,'- Petitioner, an accused in case FIR No.47 dated 12.04.2024 registered against him, under Sections 307/452/324/323/34 IPC, at Police Station Civil Lines, District Bathinda, has filed the present petition for grant of bail under Section 483 of BNSS.
Relevant facts as emerging from documents on record be noticed hereinbelow:- "Criminal proceedings in the present case were initiated against petitioner namely
$ as also against Maninder Singh @ Mammu, on the complaint of Amrik Singh, who alleged therein that at about 11:30 am on 09.04.2024, he was visiting the clinic of his son Parminder Singh, who is a RPM (Registered Medical Practitioner) and is running his clinic at Street No.5, Dhobiana Basti, Bathinda, while he (c) was present in the clinic, petitioner who was armed with an iron rod barged in and without any verbal altercation etc. assaulted Parminder Singh, as also threatened to kill him. As a result of this onslaught, Parminder Singh fell down. Even thereafter, both petitioner and his accomplice continued assaulting the boy. Serious injuries were inflicted upon
Parminder Singh. When he (c) raised an alarm the assailants fled away. Immediately arrangements were made and injured was rushed to the hospital. On the basis of the said complaint, medico legal report and opinion of the doctor, a formal case bearing FIR No.47 dated 12.04.2024, u/s 307/452/324/323/34, at Police Station Civil Lines, District Bathinda was registered against the petitioner and other co-accused.
3.
Application for grant of bail moved by the petitioner-accused was dismissed by Ld. ASJ, Bathinda vide order dated 09.07.2024. Aggrieved of the same, the present petition has been filed.
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, 6.
I have heard the learned counsel for the petitioner and learned State counsel and perused the documents on record.
7.
In the case of Rup Bahadur Magar @ Sanki @ Rabin Vs. State of West Bengal, Criminal Appeal No.4144 of 2024 decided on 04.10.2024, in a case under Sections 394, 395, 397, 307 read with 120-B of IPC, Hon'ble Supreme Court granted bail to the accused considering long incarceration undergone by him of 2 years and 9 months.
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8.
In view of the settled position of law, submissions advanced by learned counsel for the petitioner, the fact that petitioner has been in custody since 12.04.2024, complainant and injured have been examined, the fact that other coaccused, has also been granted the concession of bail and giving due weightage to
5 the fact that the prospect of trial being concluded in the near future is quite remote, the Court is of the opinion that further !# #,
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%#of the Constitution of India, including right to speedy trial but would also be against the principle of "Bail is a general rule and incarceration is an exception" as held by Hon'ble Supreme Court in Dataram vs. State of Uttar Pradesh and another, 2018(2) R.C.R. (Criminal) 131.
##,$ concession of bail subject to his furnishing bail/surety bonds to the satisfaction of learned trial Court/Duty Magistrate concerned. The petitioner shall abide by the following conditions:- 45
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