Crm No. M-14814 of 2013 Vs. State of Punjab - Court Judgment

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CourtPunjab and Haryana High Court
Decided OnJul-11-2013
AppellantCrm No. M-14814 of 2013
RespondentState of Punjab
Excerpt:
crm not m-14814 of 2013 -1- in the high court of punjab and haryana at chandigarh -.- crm not m-14814 of 2013 date of decision:11.07.2013 gurpawan singh @ bihari .....petitioner versus state of punjab .....respondent coram: hon'ble mr. justice mehinder singh sullar. present: mr. r.s.bal, advocate, for the petitioner. mr. jaspreet singh, assistant advocate general, punjab, for the respondent-state. **** mehinder singh sullar , j.(oral) petitioner-gurpawan singh @ bihari, s/o lakhbir singh, has directed the instant petition for the grant of regular bail in a case registered against him along with his co-accused, vide fir no.123 dated 27.06.2012, for the commission of offences punishable under sections 307, 323, 506, 148, 149 ipc and section 25 of the arms act, by the police of police station jandiala, district amritsar, invoking the provisions of section 439 cr.p.c.2. notice of the petition was issued to the state.3. after hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context.4. it is not a matter of dispute that initially a criminal case was registered against five accused. involvement of accused jaswinder singh crm not m-14814 of 2013 -2- and harmanjit was found to be false and during the course of investigation they were found innocent and exonerated by the police. the prosecution claimed that petitioner gurpawan singh fired a shot, which hit on waist of complainant-kulwinderjit singh and ankle of his father shamsher singh. learned state counsel did not point out any medical evidence or opinion of doctor to indicate that injuries caused by the petitioner were dangerous to life, which would entail provisions of section 307 ipc.6. moreover, the petitioner was arrested on 19.9.2012. since then he is in judicial custody and no useful purpose would be served in further detaining him in jail. there is no history of his previous involvement in any other criminal case. since, even not a single witness has yet been examined by the prosecution, so, the conclusion of trial will naturally take a long time.7. in the light of aforesaid reasons, taking into consideration the totality of other facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. the petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial court. needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case during trial, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail only. jul”2013. (mehinder singh sullar) tripti judge
Judgment:

CRM not M-14814 of 2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM not M-14814 of 2013 Date of Decision:11.07.2013 Gurpawan Singh @ Bihari .....Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. Present: Mr. R.S.Bal, Advocate, for the petitioner. Mr. Jaspreet Singh, Assistant Advocate General, Punjab, for the respondent-State. **** MEHINDER SINGH SULLAR , J.(oral) Petitioner-Gurpawan Singh @ Bihari, S/o Lakhbir Singh, has directed the instant petition for the grant of regular bail in a case registered against him along with his co-accused, vide FIR No.123 dated 27.06.2012, for the commission of offences punishable under Sections 307, 323, 506, 148, 149 IPC and Section 25 of the Arms Act, by the police of Police Station Jandiala, District Amritsar, invoking the provisions of Section 439 Cr.P.C.

2. Notice of the petition was issued to the State.

3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context.

4. It is not a matter of dispute that initially a criminal case was registered against five accused. Involvement of accused Jaswinder Singh CRM not M-14814 of 2013 -2- and Harmanjit was found to be false and during the course of investigation they were found innocent and exonerated by the police. The prosecution claimed that petitioner Gurpawan Singh fired a shot, which hit on waist of complainant-Kulwinderjit Singh and ankle of his father Shamsher Singh. Learned State counsel did not point out any medical evidence or opinion of doctor to indicate that injuries caused by the petitioner were dangerous to life, which would entail provisions of Section 307 IPC.

6. Moreover, the petitioner was arrested on 19.9.2012. Since then he is in judicial custody and no useful purpose would be served in further detaining him in jail. There is no history of his previous involvement in any other criminal case. Since, even not a single witness has yet been examined by the prosecution, so, the conclusion of trial will naturally take a long time.

7. In the light of aforesaid reasons, taking into consideration the totality of other facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case during trial, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail only. Jul”

2013. (MEHINDER SINGH SULLAR) tripti JUDGE