Gurinder Singh @ Guri And Another v. State Of Punjab

-1THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Date of Decision: 01.10.2019 Gurinder Singh @ Guri and another ....Petitioners

VERSUS

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

Present:

Mr. Kuldeep Singh Saini, Advocate for the petitioners.

******* SURINDER GUPTA, J.(Oral) Present petition has 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.

Notice of motion.

On asking of the Court, Mr. Rakeshinder Singh Sidhu, A.A.G. Punjab, 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. 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 co-accused, Jaspal Singh and other accused to cause injuries to complainant.

-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.

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 no. 1-Gurinder Singh @ Guri is stated to have been arrested on 26.02.2019 while petitioner no. 2-Ravinder Singh @ Rimpi was arrested on 02.05.2019. Challan against them has been presented in Court. Learned counsel for petitioners submits that co-accused, namely, Jaspal Singh and Vikey Pawar, have been allowed regular bail by this Court vide order dated 05.09.2019 passed in CRM-M-31486-2019 and CRM-M-35158-2019.

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 petition is allowed. Petitioners, namely, Gurinder Singh @ Guri and Rupinder Singh @ Rimpi, 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

-3their 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.

October 01, 2019 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No