Paramjit Singh v. State Of Punjab

2023:PHHC:104647

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-38463-2023 (O&M) Date of decision: 11th August, 2023 PARAMJIT SINGH

...Petitioner(s)

Versus

STATE OF PUNJAB

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. Gurbir Singh Sandhu, Advocate for Mr. Ashish Pal Kaushal, Advocate for the petitioner. Ms. Navreet K. Barnala, AAG, Punjab *** AVNEESH JHINGAN, J (Oral):

1.

The present petition has been filed under Section 439 of Cr.P.C. seeking regular bail in FIR mentioned below:- FIR No.

Dated Police Station Sections 09th May, 2023 Sadar Hoshiarpur, District Hoshiarpur 323, 324, 506, 34 IPC (Section 326 of IPC added later on) 2.

The brief facts are that on 07.05.2023 there was altercation amongst complainant- Prem Singh, Harbans Singh and Paramjit Singh (petitioner). The dispute was with regard to passing through the land of the complainant. The petitioner is attributed with danda blow on the right side of head, back side and fist blow on the left eye and datar blow was attributed to the co-accused Harbans Singh. RIYA 2023.08.11 13:27 I attest to the accuracy and integrity of this document

CRM-M-38463-2023 (O&M) 2023:PHHC:104647 -23.

Learned counsel for the petitioner submits that petitioner is in custody since 29.05.2023; no further recovery is to be made; the injury declared grievous is not attributed to the petitioner and that only danda was recovered from him.

4.

Custody certificate filed by learned State counsel is taken on record. Learned State counsel, on instructions, opposes the prayer for grant of bail. However, he fairly submits that only danda was recovered from the petitioner and as per custody certificate, petitioner is not involved in any other case.

5.

Without commenting upon the merits of the case, having conspectus of the case and considering the role attributed to the petitioner and further that he has clean antecedents, conclusion of investigation and trial is likely to take time, the petitioner is granted bail subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.

6.

The petition is allowed.

7.

Since the main case has been allowed, pending application if any is rendered infructuous.

[AVNEESH JHINGAN] JUDGE 11th August, 2023 Riya

1. Whether speaking/ reasoned :

Yes / No

2. Whether reportable :

Yes / No RIYA 2023.08.11 13:27 I attest to the accuracy and integrity of this document