Surjit Singh @ Surjit Kumar v. State Of Punjab

CRM-M-50110 -2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-50110 of 2019 (O&M) Date of Decision: November 29, 2019.

Surjit Singh @ Surjit Kumar ..........PETITIONER

VERSUS

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

Present:

Mr. Parminder Singh Kanwar, Advocate for the petitioner (s).

******* 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. 260 dated 08.09.2019 registered for the offences punishable under Sections 323, 324, 325, 326, 148, 149 of Indian Penal Code, at Police Station Model Town, District Hoshiarpur.

Heard.

Notice of motion.

On asking of the court, Mr. Avtar Singh Sandhu, Addl. 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. As per the case of prosecution, complainant was attacked by the petitioner and his co-accused Sarabjit Singh. While petitioner gave a dang JYOTI 2019.11.29 14:59 I attest to the accuracy and integrity of this document

CRM-M-50110 -2019 -2blow on the right leg of the complainant, the injury on his head caused by sharp edged weapon has been attributed to co-accused Sarabjit Singh. Learned State counsel submits that the main injury attracting provision of offence punishable under Section 326 IPC has been attributed to co-accused while petitioner, who was arrested on 22.09.2019 has been attributed grievous injury caused by blunt weapon. Keeping in view the above fact and after completion of investigation, presentation of challan and trial will take considerably long time, the present petition is allowed. Petitioner- Surjit Singh @ Surjit Kumar is ordered to be released on regular bail on his 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b. In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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 ) November 29, 2019 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JYOTI 2019.11.29 14:59 I attest to the accuracy and integrity of this document