Shaminderjit Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-34155-2022 (O&M) Date of Decision: 09.08.2022 SHAMINDERJIT SINGH ... Petitioner

Versus

STATE OF PUNJAB ... Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Sant Pal Singh Sidhu, Advocate for the petitioner.

 

 

  

 

 

   **** HARNARESH SINGH GILL, J.(Oral) Through this petition, the petitioner seeks regular bail in case bearing FIR No.168 dated 11.07.2022, registered under Sections 307 and 458 IPC and Sections 25 and 27 of the Arms Act, at Police Station Sadar Mansa, District Mansa.

Learned counsel for the petitioner submits that the present FIR was lodged by the father-in-law of the petitioner; that it is a case of no injury; that though fire was shot, yet the same did not hit and hurt anyone; that the petitioner has been in custody since 11.07.2022 and that the alleged weapon is a service weapon. He further submits that now a compromise has been effected between the parties and that the petitioner is still serving in the Police Department.

AMAN JAIN 2022.08.09 18:14 I attest to the accuracy and authenticity of this order/judgment

CRM-M-34155-2022 (O&M) -2On the other hand, learned State counsel while opposing the prayer for grant of regular bail to the petitioner, does not dispute the custody period of the petitioner as well as the factum of compromise effected between the parties.

Learned counsel for the complainant does not dispute the factum of compromise and submits that the complainant has no objection if the petitioner is granted the concession of bail. I have heard the learned counsel for the parties. It is a case of no injury and FIR was lodged by the father-inlaw of the petitioner. The petitioner has been in custody since 11.07.2022. Compromise has already been effected between the parties. Prosecution evidence is yet to commence. In such circumstances, the trial of the case would take a long time to conclude. Therefore, no useful purpose would be served by keeping the petitioner behind the bars. In view of the above and without commenting anything on the merits of the case, lest it should prejudice the case of either side, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/Chief Judicial Magistrate concerned. 09.08.2022 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No AMAN JAIN 2022.08.09 18:14 I attest to the accuracy and authenticity of this order/judgment