Palwinder Singh @ Soni Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1093980
CourtPunjab and Haryana High Court
Decided OnOct-05-2013
AppellantPalwinder Singh @ Soni
RespondentState of Punjab
Excerpt:
crl. misc. no.m-29991 of 2013 1 in the high court of punjab & haryana at chandigarh crl. misc. no.m-29991 of 2013 date of decision : 05.10.2013 palwinder singh @ soni ......petitioner versus state of punjab ...respondent coram: hon'ble ms.justice ritu bahri present: mr.vikram k. chaudhri, advocate, for the petitioner. mr.gurveer sidhu, aag, punjab. **** ritu bahri , j. this petition under section 439 cr.p.c is for grant of regular bail to the petitioner in case f.i.r no.68 dated 03.08.2013 under sections 307, 353, 332, 333, 334, 186, 148, 149, 427, 341, 160, 436, 452 ipc (offences under sections 307, 452, 333 ipc have been deleted vide report no.22 dated 25.08.2013).registered at police station kathu nangal, district amritsar. the fir was registered when crowd 'gharaoed' the house of balwinder singh, sarpanch of village kotli tarkhana. when the deputy superintendent of police reached the spot, an attempt was being made to set the house of balwinder singh on fire and number of police officials were present there. the names of vijay masih, prasher ajaytarsem masih, baldev singh, onkar singh, puran safari and ajay 2013.10.08 18:28 i attest to the accuracy and integrity of this document high court chandigarh crl. misc. no.m-29991 of 2013 2 have been specifically mentioned in the fir. they were raising lalkaras. after breaking open the lock of the house of sarpanch, some persons attacked the police party. the incident had taken place on account of the fact that a boy had teased a girl near village kotla tarkhana and thereafter, in order to save himself, he entered the house of balwinder singh, sarpanch. during investigation, offences under sections 307, 452, 333 ipc have been deleted. the petitioner is in custody since 04.08.2013. no recovery, at this stage, is to be effected from the petitioner. thus no useful purpose would be served by detaining him during the pendency of trial. keeping in view the period of incarceration of the petitioner and the fact that trial may still take some time for its conclusion, this court feels that there is no need to detain the petitioner any longer. accordingly, the petition is allowed and petitioner is ordered to be enlarged on bail to the satisfaction of chief judicial magistrate/duty magistrate, amritsar. (ritu bahri) judge0510.2013 ajp prasher ajay 2013.10.08 18:28 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

Crl.

Misc.

No.M-29991 of 2013 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.

Misc.

No.M-29991 of 2013 Date of decision : 05.10.2013 Palwinder Singh @ Soni ......Petitioner versus State of Punjab ...Respondent CORAM: HON'BLE Ms.JUSTICE RITU BAHRI Present: Mr.Vikram K.

Chaudhri, Advocate, for the petitioner.

Mr.Gurveer Sidhu, AAG, Punjab.

**** RITU BAHRI , J.

This petition under Section 439 Cr.P.C is for grant of regular bail to the petitioner in case F.I.R No.68 dated 03.08.2013 under Sections 307, 353, 332, 333, 334, 186, 148, 149, 427, 341, 160, 436, 452 IPC (offences under Sections 307, 452, 333 IPC have been deleted vide Report No.22 dated 25.08.2013).registered at Police Station Kathu Nangal, District Amritsar.

The FIR was registered when crowd 'gharaoed' the house of Balwinder Singh, Sarpanch of village Kotli Tarkhana.

When the Deputy Superintendent of Police reached the spot, an attempt was being made to set the house of Balwinder Singh on fire and number of police officials were present there.

The names of Vijay Masih, Prasher AjayTarsem Masih, Baldev Singh, Onkar Singh, Puran Safari and Ajay 2013.10.08 18:28 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.

Misc.

No.M-29991 of 2013 2 have been specifically mentioned in the FIR.

They were raising lalkaras.

After breaking open the lock of the house of Sarpanch, some persons attacked the police party.

The incident had taken place on account of the fact that a boy had teased a girl near village Kotla Tarkhana and thereafter, in order to save himself, he entered the house of Balwinder Singh, Sarpanch.

During investigation, offences under Sections 307, 452, 333 IPC have been deleted.

The petitioner is in custody since 04.08.2013.

No recovery, at this stage, is to be effected from the petitioner.

Thus no useful purpose would be served by detaining him during the pendency of trial.

Keeping in view the period of incarceration of the petitioner and the fact that trial may still take some time for its conclusion, this court feels that there is no need to detain the petitioner any longer.

Accordingly, the petition is allowed and petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Amritsar.

(RITU BAHRI) JUDGE0510.2013 ajp Prasher Ajay 2013.10.08 18:28 I attest to the accuracy and integrity of this document High Court Chandigarh