Shammi v. State Of Punjab
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM-M-38658-2023 (O&M) Date of decision: 11.08.2023 Shammi ..Petitioner
Versus
State of Punjab ..Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present:
Ms. Khushika Setia, Advocate for the petitioner. Mr. HS Sullar, Sr. DAG, Punjab.
*** AMAN CHAUDHARY, J.
1.
Prayer in the present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.145 dated 12.12.2022, registered under Sections 379-B, 323 and 34 IPC, at Police Station Kathu Nangal, District Amritsar Rural. 2.
Learned counsel contends that the petitioner is in custody for the last 8 months. No MLR of the injured-Balwinder Singh, was conducted. The petitioner is not involved in any other case. Challan stands presented on 14.03.2023, charges have not been framed and in all there are 10 witnesses.
3.
The custody certificate dated 10.08.2023, filed by learned State counsel is taken on record. As per the same, the petitioner is behind bars for 8 months.
4.
Learned State counsel opposes the bail on the ground that the petitioner had actively participated in the commission of offence. He is however unable to controvert the submissions made regarding the stage of
the case and petitioner not being involved in any other case. 5.
Heard.
6.
Considering the facts and circumstances of the case, in particular that the petitioner is in custody for 8 months; not involved in any other case; though challan was presented on 14.03.2023, however, charges are yet to be framed and in all there are 10 witnesses; the trial is likely to take a considerable time, thus his further incarceration would not serve any useful purpose, the present petition for grant of regular bail deserves to be allowed.
7.
As a result, the present petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing bail/surety bonds to the satisfaction of trial Court/Duty Magistrate concerned and subject to his not being required in any other case. The petitioner shall abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial.
(ii) The petitioner will not pressurize/ intimidate the prosecution witnesses.
(iii) The petitioner will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court.
(iv) The petitioner shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of. (v) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner.
(vi) The petitioner shall not in any manner misuse his liberty.
(vii) The petitioner shall furnish his address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion of
the trial and in case for any reason, the petitioner seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason for the same.
(viii) The petitioner shall not leave the country without prior permission of the trial Court.
(ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner.
8.
It is made abundantly clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order. 9.
In view of the above, it is clarified that the observations made herein are limited for the purpose of present proceedings and would not be construed as an opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. ( AMAN CHAUDHARY ) 11.08.2023 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable :
Yes/No