High Court of Punjab and HaryanaCRM-M/51634/2019allowed

Manpreet Singh @ Mani v. State Of Punjab

2019-12-11Mr. Justice Arvind Singh Sangwan2 pages

CRM-M No.51634 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.51634 of 2019 Decided on: 11.12.2019 Manpreet Singh @ Mani ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN Present :

Mr. Prateek Sodhi, Advocate for the petitioner.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARVIND SINGH SANGWAN, J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.100 dated 05.06.2019 under Sections 323, 324, 506, 452, 307, 148, 149 of the Indian Penal Code, 1860 (in short 'IPC') registered at Police Station Majitha Amritsar, District Amritsar. Counsel for the petitioner has argued that as per the allegations in the FIR, the injured/victim suffered 04 injuries and the injury invoking Section 307 IPC is attributed to co-accused Nishan Singh whereas the injury attributed to the petitioner is on non-vital part of the body. It is further argued that the petitioner is in custody from the last 04 months and 20 days, the challan stands presented and the petitioner is no more required for further investigation. Counsel for the State, on instructions from ASI Sukhwant Singh, has not disputed the factual position but opposed the prayer for bail.

MOHD YAKUB 2019.12.11 15:08 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M No.51634 of 2019 Without commenting anything on merits of the case, considering the fact that the petitioner is in custody since for the last 04 months and 20 days; injury invoking Section 307 IPC is attributed to co-accused Nishan Singh; the custodial interrogation of the petitioner is no more required; challan stands presented and it will take some time in conclusion of the trial, this petition is allowed and the petitioner is directed to be released on bail subject to his furnishing bail/surety bonds to the satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate.

However, it will be open for the prosecution to apply for cancellation of bail of the petitioner, in case he is found involved in any other case or misusing the concession of bail, in any manner. (ARVIND SINGH SANGWAN) 11.12.2019 JUDGE yakub Whether speaking/reasoned Yes/No Whether reportable:

Yes/No MOHD YAKUB 2019.12.11 15:08 I attest to the accuracy and authenticity of this document High Court, Chandigarh