Gurjit Singh @ Lahori v. State Of Punjab

CRM-M No.32765 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.32765 of 2020 (O&M) Date of Decision.10.11.2020 (Heard through VC) Gurjit Singh alias Lahori

...Petitioner

Vs State of Punjab

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Siddharth Gupta, Advocate for the petitioner.

Mr. Amit Mehta, DAG, Punjab.

Mr. Ashish Aggarwal, Advocate for the complainant.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail to the petitioner in FIR No.0065 dated 18.03.2020 under Sections 302, 323, 341, 148, 149, 506 IPC registered at Police Station Gate Hakima, District Police Commissionerate, Amritsar, who is in custody since 18.03.2020. Learned counsel for the petitioner herein would contend that reading of the FIR would reveal that main allegation is against one Jaspal Singh, who with baseball bat gave two blows on the head of father of the complainant namely Gurnam Singh, who fell down and became unconscious. Thereafter, injuries were caused by Rajan, Sagar and others, however, as per the supplementary statement itself, the only injury attributed to the petitioner is of giving a fist blow on the head of Amandeep Singh. Counsel for the petitioner would further contend that the injury attributed to the petitioner cannot be held to be grievous one, while further PANKAJ KUMAR 2020.11.11 15:08 I attest to the accuracy and integrity of this document

CRM-M No.32765 of 2020 (O&M) -2contending that the matter has been investigated and challan has already been presented, therefore, he is entitled for concession of bail as no further investigation is required.

Learned counsel appearing on behalf of the respondent-State and the counsel for the complainant opposed grant of regular bail to the petitioner on the ground that injuries inflicted upon Gurnam Singh caused his death, however, they are not in a position to dispute at the present moment that the only injury attributed to the petitioner herein is that of giving a fist blow to one Amandeep Singh I have heard learned counsel for the parties and have perused the paper book.

Keeping in view the fact that the petitioner is in custody since 18.03.2020 and the injury attributed to the petitioner is of giving a fist blow to one Amandeep Singh and the challan has already been presented coupled with the fact that the trial is likely to take some time to conclude owing to novel corona virus pandemic situation, no useful purpose would be served by keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE November 10, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.11.11 15:08 I attest to the accuracy and integrity of this document