High Court of Punjab and HaryanaCRM-M/52255/2019allowed

Gurmukh Singh v. State Of Punjab

2020-03-06Mr. Justice Ramendra Jain2 pages

-1CRM-M-52255 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-52255 of 2019 Date of Decision: 06.03.2020 Gurmukh Singh

...Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Sumit Jain, Advocate, for the petitioner. Mr. Pawan Sharda, Sr. DAG, Punjab.

Mr. S.C. Bhola, Advocate, for the complainant. RAMENDRA JAIN, J. (ORAL) CRM-4609 of 2020 Learned counsel for the applicant prays that he may be allowed to withdraw this application.

Dismissed as withdrawn.

CRM-M-52255 of 2019 Through instant petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to petitioner - Gurmukh Singh - in a case arising from FIR No.66 dated 08.09.2019 registered under Sections 326, 308, 427 IPC at Police Station Behram, District Shaheed Bhagat Singh Nagar.

Learned counsel inter alia contends that petitioner is in custody since 09.09.2019. He has wrongly been tried under Section 308 IPC, though at the most he ought to have been tried under Sections 279, 337 and RAVINDER SINGH 2020.03.12 11:38 I attest to the accuracy and integrity of this document

-2CRM-M-52255 of 2019 338 IPC. Conclusion of trial may take a sufficient long time. No useful purpose would be served by keeping the petitioner in jail, any more. Refuting above submissions, learned State counsel, assisted by learned counsel for the complainant, contends that petitioner intentionally hit his tractor against the complainant with an intention to kill him. Thus, he does not deserve the concession of regular bail. Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner - Gurmukh Singh - is ordered to be released on bail during pendency of trial, if not required in any other case, on his furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned.

(RAMENDRA JAIN) March 06, 2020 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2020.03.12 11:38 I attest to the accuracy and integrity of this document