Manjit Singh v. State Of Punjab

-1224 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on : 23.01.2025 Manjit Singh ...... Petitioner

Versus

State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE KARAMJIT SINGH Present : Mr. Rakesh Gupta, Advocate for the petitioner.

Mr. Inderjeet Singh Ladher, DAG, Punjab.

**** Karamjit Singh, J.(Oral) 1.

The present petition has been filed by the petitioner under Section 483 of BNSS, 2023 for grant of regular bail in case FIR No.327 dated 26.07.2024 under Sections 112(2), 115(2), 117(2) (Sections 126(2), 190, 191(3), 304(2) and 351(3) of BNS, 2023 added later on vide GD No.53 dated 08.10.2024) registered at Police Station Zirakpur District SAS Nagar.

2.

The allegations in nutshell are that the petitioner and his accomplices caused injuries to complainant Manish Wadhwa with different weapons on 21.07.2024. During investigation, the present petitioner was arrested.

3.

Counsel for the petitioner inter alia submits that the

-2- present petitioner is falsely named in the FIR and is incarcerated for the last more than 4 months. It is further submitted that as per the allegations appearing on the record, the injury found to be grievous in nature was caused with blunt weapon, which comes under Section 117(2) of BNS, 2023. It is further submitted that the alleged snatching of gold chain is not attributed to the present petitioner. It is further submitted that the trial is at its initial stage as till date, charges are still to be framed against the accused persons including the present petitioner. It is further submitted that no useful purpose is going to be served by keeping the petitioner in custody for any longer period.

4.

Present petition is resisted by the counsel for the State, who on instructions from ASI Onkar Singh, submits that the petitioner was member of unlawful assembly, which attacked the complainant Manish Wadhwa and caused injuries to him. That one grievous injury caused with blunt weapon is attributed to the present petitioner, who is in custody for the last more than 4 months and during investigation, no incriminating article was recovered at the instance of the present petitioner, who is having no criminal antecedents. State counsel apprised the Court that on completion of investigation, challan has been presented but trial will commence only after framing of charges. 5.

I have considered the submissions made by counsel for the parties. As per prosecution version, one grievous injury caused with

-3blunt weapon is attributed to the present petitioner, who is in custody for the last more than 4 months and is having no criminal antecedents. On culmination of investigation, challan stands presented. It is brought to the notice of the Court that charges are still to be framed against the accused persons including the present petitioner. 6.

The incident of snatching of cash from the complainant is not attributed to the present petitioner. In the given circumstances, further detention of the petitioner in judicial custody is not going to serve any purpose.

7.

For the foregoing reasons and without expressing any opinion on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on regular bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. In case, the petitioner is found to be involved or gets involved in any other criminal case while on bail, the prosecution shall be at liberty to seek cancellation of his bail in the instant case. 23.01.2025 (KARAMJIT SINGH) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No