Criminal Misc. No.M-1200 of 2014 Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1126331
CourtPunjab and Haryana High Court
Decided OnFeb-11-2014
AppellantCriminal Misc. No.M-1200 of 2014
RespondentState of Punjab
Excerpt:
in the high court of punjab and haryana at chandigarh criminal misc. no.m-1200 of 2014 date of decision: february 11, 2014 dilbagh singh ...petitioner versus state of punjab ...respondent coram: hon'ble mr.justice inderjit singh present: mr.vinay kumar gupta, advocate, for the petitioner. mr.v.p.s.sidhu, assistant advocate general, punjab, for the respondent-state. mr.vivek goel, advocate, for the complainant. **** inderjit singh, j. petitioner dilbagh singh has preferred this petition under section 439 cr.p.c., seeking regular bail in case fir no.111 dated 04.06.2013, registered at police station city kotkapura, district faridkot, under sections 307, 323, 325, 353, 186, 148 and 149 ipc. learned counsel for the petitioner contended that the petitioner is in custody since 10.06.2013 and there is no injury declared by the doctor as dangerous to life. on the other hand, learned state counsel as well as learned counsel for complainant opposed the bail application by stating that five grievous injuries have been caused in the occurrence. the occurrence took place firstly on 03.06.2013 at about 8:00 p.m.and when the injured was admitted in the hospital, then again the injuries were caused to him. i have heard learned counsel for the petitioner, learned malhotra mamta 2014.02.12 17:09 i attest to the accuracy and integrity of this document chandigarh criminal misc. no.m-1200 of 2014 -2- state counsel and learned counsel for complainant and have gone through the record. from the record, i find that the allegation against the petitioner is that he caused injury with hand-pump on the head of sukhpal ram complainant. this injury has been declared as grievous with blunt weapon which means that the said offence falls under section 325 ipc. i have also gone through the opinion of the doctor. as per the opinion of the doctor, no injury has been declared as dangerous to life nor the injuries collectively have been declared as dangerous to life. the petitioner is in custody since 10.06.2013. the trial of the case will take long time. no useful purpose will be served by keeping the petitioner in custody till the disposal of the case. therefore, keeping in view the facts and circumstances of the present case and without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, the present petition is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds in the sum of `40,000/- with one surety in the like amount to the satisfaction of chief judicial magistrate/duty magistrate, faridkot. february 11, 2014 (inderjit singh) mamta judge malhotra mamta 2014.02.12 17:09 i attest to the accuracy and integrity of this document chandigarh
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.

No.M-1200 of 2014 Date of decision: February 11, 2014 Dilbagh Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE Mr.JUSTICE INDERJIT SINGH Present: Mr.Vinay Kumar Gupta, Advocate, for the petitioner.

Mr.V.P.S.Sidhu, Assistant Advocate General, Punjab, for the respondent-State.

Mr.Vivek Goel, Advocate, for the complainant.

**** INDERJIT SINGH, J.

Petitioner Dilbagh Singh has preferred this petition under Section 439 Cr.P.C., seeking regular bail in case FIR No.111 dated 04.06.2013, registered at Police Station City Kotkapura, District Faridkot, under Sections 307, 323, 325, 353, 186, 148 and 149 IPC.

Learned counsel for the petitioner contended that the petitioner is in custody since 10.06.2013 and there is no injury declared by the doctor as dangerous to life.

On the other hand, learned State counsel as well as learned counsel for complainant opposed the bail application by stating that five grievous injuries have been caused in the occurrence.

The occurrence took place firstly on 03.06.2013 at about 8:00 p.m.and when the injured was admitted in the hospital, then again the injuries were caused to him.

I have heard learned counsel for the petitioner, learned Malhotra Mamta 2014.02.12 17:09 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.

No.M-1200 of 2014 -2- State counsel and learned counsel for complainant and have gone through the record.

From the record, I find that the allegation against the petitioner is that he caused injury with hand-pump on the head of Sukhpal Ram complainant.

This injury has been declared as grievous with blunt weapon which means that the said offence falls under Section 325 IPC.

I have also gone through the opinion of the doctor.

As per the opinion of the doctor, no injury has been declared as dangerous to life nor the injuries collectively have been declared as dangerous to life.

The petitioner is in custody since 10.06.2013.

The trial of the case will take long time.

No useful purpose will be served by keeping the petitioner in custody till the disposal of the case.

Therefore, keeping in view the facts and circumstances of the present case and without discussing the facts of the case in minute details and without expressing any opinion on the merits of the case, the present petition is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds in the sum of `40,000/- with one surety in the like amount to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Faridkot.

February 11, 2014 (INDERJIT SINGH) mamta JUDGE Malhotra Mamta 2014.02.12 17:09 I attest to the accuracy and integrity of this document Chandigarh