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High Court of Punjab and HaryanaCRM-M/36867/2019allowed

Saveg Singh @ Shabeg Singh v. State Of Haryana

2019-09-09Mr. Justice Surinder Gupta2 pages

CRM-M-36867-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-36867 of 2019 (O&M) Date of Decision: September 09, 2019 Saveg Singh @ Shabeg Singh ..........PETITIONER

VERSUS

State of Haryana ........RESPONDENT CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. P.S.Jammu, Advocate for the petitioner (s).

Mr. Ankit Bishnoi, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 51 dated 14.02.2019 registered for the offences punishable under Sections 323, 324, 326, 506, 148 read with Section 149 of Indian Penal Code (for short IPC) at Police Station Rania, District Sirsa. Heard.

Notice of motion.

On asking of the court, Mr. Kuldeep Sharma, D.A.G., Haryana, who is present in the Court accepts notice and submits that intimation by Registry informing of fixation of the petition has already been received and record of the case is available with him.

As per case of the prosecution, the occurrence took place on 12.02.2019. Police registered the FIR on the statement of Lakhwinder Singh, who had stated that petitioner-Saveg Singh @ Shabeg Singh along JYOTI 2019.09.10 10:45 I attest to the accuracy and integrity of this document

CRM-M-36867-2019 -2with his co-accused had caused injuries to Baljinder Singh. The allegations against the petitioner are that he had taken a 'Kirpan' from his co-accused and gave a blow on the head of Baljinder Singh which hit on his hand. This injury has been declared as grievous in nature. The other injury on the person of Baljinder Singh has been attributed to Sukhram which was declared simple in nature.

The petitioner was arrested in this case on 13.07.2019. The injury attributed to him is on non-vital part of the body. Keeping in view the fact that after presentation of challan, conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Saveg Singh @ Shabeg Singh is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned Chief Judicial Magistrate/Duty Magistrate, subject to following terms:- a. The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh.

c. He shall not leave the country without the prior permission of the Court.

( SURINDER GUPTA ) September 09, 2019 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JYOTI 2019.09.10 10:45 I attest to the accuracy and integrity of this document