Aman v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-45156-2021 Date of decision: 01.12.2021 AMAN .....Petitioner

Versus

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

Present:

Mr. Ashok Paul Batra, Advocate for the petitioner.

Mr. A.S. Dhaliwal, DAG, Punjab.

**** KARAMJIT SINGH , J. (ORAL) The petitioner seeks grant of regular bail in a case registered against him vide FIR No.9 dated 29.1.2021 under Sections 323, 452, 148, 149 IPC at Police Station City-I Abohar, District Fazilka. The counsel for the petitioner submitted that the petitioner was falsely implicated in this case at the instance of the complainant. That even otherwise the petitioner is entitled to regular bail, it being a case of simple injury and the petitioner being already in custody for the last 4 months.

The State counsel has opposed the bail application specifically on the ground that the petitioner is a hardened criminal and is facing 10 other criminal cases.

I have considered the submissions made by the counsel for the parties.

GAURAV SOROT 2021.12.01 16:44 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-45156-2021 Undoubtedly as per the custody certificate, the petitioner is facing 10 other criminal cases. As per the counsel for the petitioner, the petitioner is already on bail in 8 of the said cases. As per the allegations made in the FIR, the petitioner along with his companions tresspassed into the house of complainant-Vikas and caused simple injuries to one Vishal. Admittedly, the petitioner is already in custody for the last more than 4 months. From the perusal of the previous history, it appears that petitioner is having no history of previous conviction in any criminal case. Also it will take considerable time for culmination of trial in the present case. So I am of the view that no purpose will be served even if the petitioner is detained for any longer period.

In view of the above and while refraining from making any expression as regards merits of the case, the present petition is accepted and the petitioner is ordered to be released on regular bail during the pendency of the trial, on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

( KARAMJIT SINGH) 01.12.2021 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2021.12.01 16:44 I attest to the accuracy and integrity of this document