Surinder Pal Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-54590-2024 (O&M) Date of Decision:-8.11.2024 Surinder Pal Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ashok Kumar Khunger, Advocate for the petitioner. Mr. Japjot Singh, AAG, Punjab.

***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks grant of regular bail in respect of cross-version lodged vide DDR No.034, dated 31.7.2024, wherein offences under Sections 118(1), 118(2), 115(2), 126(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS) were added later on vide DDR No.25 dated 14.8.2024 and DDR No.13, dated 26.8.2024, in FIR No.0062, dated 30.7.2024, registered at Police Station Khui Khera, District Fazilka, under Sections 333, 118(1), 115(2), 324(4), 191(3) & 190 of Bharatiya Nyaya Sanhita, 2023 (BNS).

2.

The aforesaid FIR i.e. FIR No.0062, dated 30.7.2024 was lodged at the instance of petitioner's sister Parkash Kaur, wherein she alleged that she had been inflicted injuries by the accused including chopping of her finger of left hand.

3.

The present cross-version came to be lodged at the instance of Ravinder Kaur, who was one of the accused in the FIR, wherein she alleged that she had been GEETA RANI 2024.11.08 17:11 I attest to the accuracy and authenticity of this document

CRM-M-54590-2024 (O&M) ( 2 ) inflicted 3 injuries by the opposite side including one injury caused by the petitioner on her little finger of left hand, which is stated to be a fracture. 4.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and given the fact that it is a case of crossversion, it is yet to be decided as to which of the party is the aggressor. Learned counsel submitted that the petitioner is a Government Sports Teacher and has a clean record.

5.

Opposing the petition, learned State counsel submitted that since the name of the petitioner specifically figures in the DDR, his complicity is clearly evident. It has, however, been informed that the petitioner as on date has been behind bars since the last more than 2 months. Learned State counsel has informed that the matter is still under investigation. 6.

This Court has considered the rival submissions addressed before this Court. 7.

Having regard to the nature of injuries and the fact that it is a case of crossversion and also that the petitioner otherwise has a clean record, his further detention will not serve any useful purpose.

8.

The instant petition, as such, is accepted and the petitioner is ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 8.11.2024 ( Gurvinder Singh Gill ) Geeta/P Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No GEETA RANI 2024.11.08 17:11 I attest to the accuracy and authenticity of this document