High Court of Punjab and HaryanaCRM-M/47788/2019allowed

Kuldeep Singh And Another v. State Of Punjab

2019-11-15Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 47788 of 2019 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 47788 of 2019 Date of Decision: 15.11.2019 Kuldeep Singh and another ......Petitioners

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Veneet Sharma, Advocate for the petitioners.

Mr. S.S.Cheema, AAG, Punjab.

**** HARNARESH SINGH GILL , J. (ORAL) The petitioner is seeking regular bail in FIR No. 31 dated 3.5.2014 registered at Police Station Harike, District Tarn Taran under Sections 307, 323, 324, 379, 382, 148, 149 IPC and Sections 25 and 27 of Arms Act, 1959.

Learned counsel for the petitioners states that petitioner No. 1 Kuldeep Singh is not named in the FIR whereas though petitioner No. 2Dilbag Singh has been named in the FIR but no specific role has been attributed to him. He has pointed out that co-accused Sukhwinder Singh has been granted the concession of regular bail by this Court vide order dated 1.11.2019 (Annexure P-2).

Learned State counsel, on instructions from Head Constable Parkash Singh, has submitted that the injured has specifically named petitioner No. 1-Kuldeep Singh to the effect that he has inflicted injury on GURPREET SINGH 2019.11.16 14:49 I attest to the accuracy and authenticity of this document chandigarh his wrist whereas petitioner No. 2-Dilbag Singh has inflicted injury on the

CRM-M No. 47788 of 2019 -2waist of the one of the injured. He further submits that challan has been presented but no prosecution witness has been examined. In the present case, the dispute is regarding the Govt. land and the FIR has been registered against 37 accused. Learned State counsel does not dispute the factual position. The petitioners are in custody since 9.8.2019. Challan has been presented and the trial will take time to conclude. No useful purpose would be served by keeping the petitioners behind the bars. Without commenting anything on the merits of the case and keeping in view the fact that the co-accused has been granted regular bail, the petition is allowed and the petitioners are ordered to be released on bail on their furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate, Tarn Taran.

(HARNARESH SINGH GILL) JUDGE November 15, 2019 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2019.11.16 14:49 I attest to the accuracy and authenticity of this document chandigarh