Sahil Khan v. State Of Punjab

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Date of decision : September 19, 2024 Sahil Khan ....Petitioner

Versus

The State of Punjab ....Respondent

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. Shehbaz Thind, Advocate, for the petitioner Mr. Pardeep Bajaj, DAG, Punjab Mr. Nippun Sharma, Advocate, for the complainant KULDEEP TIWARI,J. (ORAL) 1.

Through the instant petition filed under Section 483 BNSS, 2023, the petitioner prays for grant of regular bail in case FIR No. 0071 dated 19.6.2024, under Sections 307, 323, 325, 341, 148, 149, 506, 34 IPC, registered at Police Station Sarabha Nagar, District Police Commissionerate, Ludhiana.

2.

Learned counsel for the petitioner submits that in fact the petitioner is behind the bars, from past more than one and a half months, and is having clean antecedents. He further submits that now the matter has been compromised, and even the quashing of the instant FIR has been

sought by filing CRM-M-46967-2024, in which notice of motion has already been issued by this Court. He further submits that though the allegations against the present petitioner are that he was present with the other co-accused with base ball bat, but no specific injury has been attributed to him.

3.

The learned State counsel has filed the custody certificate qua the petitioner, which is taken on record. The perusal of the custody certificate reflects that the petitioner has suffered incarceration of 01 month and 18 days, as on today, and is a man of clean antecedents. The learned State counsel further informed, on instructions, imparted to him by ASI Umesh Kumar, that the matter is still at the stage of investigation. 4.

Mr. Nippun Sharma, Advocate, has caused appearance on behalf of the complainant, and he admits the factum of compromise, and has no objection if the relief of regular bail is extended to the present petitioner.

5.

Without going into the merits of the instant matter, considering the period of incarceration, the role attributed to the present petitioner, and the fact that the matter has been amicably settled between the parties concerned, this Court deems it appropriate to extend the benefit of regular bail to the petitioner. Therefore, the present petition is allowed. 6.

The petitioner is ordered to be released on bail on furnishing of bail bonds and surety bonds to the satisfaction of concerned Chief Judicial Magistrate/trial Court/Duty Magistrate.

7.

However, anything observed here-in-above shall have no effect on the merits of the case and is meant for deciding the present petition only. ( KULDEEP TIWARI ) September 19, 2024 JUDGE 'tiwana'

Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No