High Court of Punjab and HaryanaCRM-M/54689/2018allowed

Gurdeep Singh v. State Of Punjab

2019-03-01Mr. Justice Augustine George Masih2 pages

CRM-M-54689 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

CRM-M No. 54689 of 2018 (O&M) Date of Decision:01.03.2019 Gurdeep Singh ....Petitioner

VERSUS

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

Present:

Mr. Rajesh Kapila, Advocate for the petitioner.

Mr. Ambika Bedi, A.A.G., Punjab.

Mr. H.S.Batth, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present second petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 100 dated 17.07.2017 registered for the offences punishable under Sections 302, 307, 148 read with Section 149 of Indian Penal Code (for short, "IPC") and 25, 27, 30 of Arms Act at Police Station Guruharsahai, District Ferozepur.

Heard.

Learned counsel for the petitioner submits that accused Jaswant Singh and Suba Singh, who were also present at the spot have been allowed bail by this Court vide order dated 05.12.2018 passed in CRM No. M-37974 of 2018 and 21.12.2018 passed in CRM No. M-55764 of 2018. Jaswant JYOTI 2019.03.02 11:58 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-54689 of 2018 -2Singh was attributed Lalkara and 12 bore single barrel gun was recovered from Suba Singh. The complainant has also alleged the presence of petitioner at the spot with a 'Dang'. However, no injury has been attributed to him. On parity, learned counsel for the petitioner seeks bail for the petitioner.

Keeping in view the fact that Jaswant Singh and Suba Singh with similar allegations have been allowed bail, the present petition is allowed. Petitioner Gurdeep Singh is 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 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(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn.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 previous permission of the Court.

March 01, 2019 ( SURINDER GUPTA ) Jyoti-II JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JYOTI 2019.03.02 11:58 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH