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High Court of Punjab and HaryanaCRM-M/31486/2019allowed

Jaspal Singh v. State Of Punjab

2019-09-05Mr. Justice Surinder Gupta2 pages

CRM-M-31486 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. 1.

CRM-M-31486 of 2019 Date of Decision: 05.09.2019 Jaspal Singh ....Petitioner

VERSUS

State of Punjab ....Respondent 2.

CRM-M-35158 of 2019 Vikey Pawar ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Kuldeep Singh Saini, Advocate for petitioner in CRM-M-31486-2019.

Mr. Gurdeepinder Singh Dhilon, Advocate for petitioner in CRM-M-35158-2019.

Mr. Avtar Singh Sandhu, Addl. A.G. Punjab.

******* SURINDER GUPTA, J.(Oral) Present petitions have been filed under Section 439 Code of Criminal Procedure for grant of regular bail to petitioners in case FIR No.76 dated 17.12.2018 registered for offences punishable under Sections 450, 307, 324, 326, 120-B, 212, 201, 427, 148 and 149 of Indian Penal Code (for short, "IPC") at Police Station City Morinda, District Rupnagar. Heard.

The police registered FIR against unidentified persons for causing injuries to complainant-Lakhi Shah, who was attacked in his dhaba and caused injuries. As per case of prosecution, he had dispute with one Surjit Singh, who hired services of Jaspal Singh (petitioner in CRM-M31486-2019) and other accused to cause injuries to complainant. JITENDER KUMAR 2019.09.05 16:57 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-31486 of 2019 -2Learned State counsel on instruments from SI Amandeep Singh submits that the police recorded supplementary statement of complainant in which he named Surjit Singh as the main conspirator for the injuries caused to him. He also named petitioner-Jaspal Singh. Name of Vikey Pawar (petitioner in CRM-M-35158-2019) came in the disclosure statement of petitioner-Jaspal Singh.

It has been admitted that Surjit Singh, the main accused named by complainant, has been declared innocent and no injury on the person of complainant has been declared dangerous to life. Petitioner-Jaspal Singh is stated to have been arrested on 18.03.2019 while petitioner-Vikey Pawar was arrested on 23.02.2019. Challan against them has been presented in Court. Without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, present petitions are allowed. Petitioners, namely, Jaspal Singh and Vikey Pawar, are ordered to be released on regular bail on furnishing bail bonds and surety bonds to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- (a) The petitioners shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of their absence on any date of hearing, the benefit of bail allowed to petitioners shall stand withdrawn. The trial Court shall be competent to cancel their bail bonds and surety bonds and proceed to procure their presence in accordance with law. In that eventuality the petitioners shall have to apply for bail afresh. (c) They shall not leave the country without the previous permission of the Court.

September 05, 2019 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2019.09.05 16:57 I attest to the accuracy and integrity of this document Chandigarh