Dharam Singh Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1153064
CourtPunjab and Haryana High Court
Decided OnJun-30-2014
AppellantDharam Singh
RespondentState of Punjab
Excerpt:
crm-m no.17518 of 2014 -1- in the high court of punjab & haryana at chandigarh crm no.m-17518 of 2014 date of decision :30. 06.2014 dharam singh ...petitioner versus state of punjab ..respondent coram: hon'ble mr. justice mehinder singh sullar present: ms. reena bains, advocate for the petitioner. mr. rajpreet singh sidhu, aag, punjab for the state. **** mehinder singh sullar, j.(oral) petitioner-dharam singh son of tara singh, has preferred the instant petition for the grant of concession of regular bail, in a case registered against him along with his other co-accused, vide fir no.113 dated 09.09.2011, on accusation of having committed the offences punishable under sections 302, 148 read with section 149 ipc, by the police of police station goindwal sahib, district taran taran.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 deep consideration over the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context.4. tersely, the prosecution claimed that on 09.09.2011, some quarrel had taken place between the parties on account of putting the earth in the pit dug in the street in question. thereafter, main accused sarabjit sumit kumar 2014.06.30 16:16 i attest to the accuracy and integrity of this document crm-m no.17518 of 2014 -2- singh @ saaba, son of the petitioner and his other co-accused came. main accused sarabjit singh was stated to have opened the attack and caused injury with spade (kahi) on the head of suwinder singh @ babbu. no specific injury is attributed to the petitioner except vague and general allegations that he also caused injury to suwinder singh. meaning thereby all the main allegations of murder are assigned to main accused sarabjit singh @ saaba (non-petitioner).5. moreover, the petitioner was arrested on 07.11.2011. since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. there is no history of his previous involvement in any other criminal case. the conclusion of trial will naturally take a long time.6. in the light of aforesaid reasons, taking into consideration the totality of 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 of main case, the instant petition for regular bail is accepted. the petitioner is ordered to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of the trial court.7. needless to mention that, nothing observed here-in-above, would reflect on the merits of the main case, in any manner, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. 30.06.2014 (mehinder singh sullar) sumit.k judge sumit kumar 2014.06.30 16:16 i attest to the accuracy and integrity of this document
Judgment:

CRM-M No.17518 of 2014 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM No.M-17518 of 2014 Date of decision :

30. 06.2014 Dharam Singh ...Petitioner Versus State of Punjab ..Respondent CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Ms. Reena Bains, Advocate for the petitioner. Mr. Rajpreet Singh Sidhu, AAG, Punjab for the State. **** Mehinder Singh Sullar, J.

(Oral) Petitioner-Dharam Singh son of Tara Singh, has preferred the instant petition for the grant of concession of regular bail, in a case registered against him along with his other co-accused, vide FIR No.113 dated 09.09.2011, on accusation of having committed the offences punishable under Sections 302, 148 read with Section 149 IPC, by the police of Police Station Goindwal Sahib, District Taran Taran.

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 deep consideration over the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context.

4. Tersely, the prosecution claimed that on 09.09.2011, some quarrel had taken place between the parties on account of putting the earth in the pit dug in the street in question. Thereafter, main accused Sarabjit Sumit Kumar 2014.06.30 16:16 I attest to the accuracy and integrity of this document CRM-M No.17518 of 2014 -2- Singh @ Saaba, son of the petitioner and his other co-accused came. Main accused Sarabjit Singh was stated to have opened the attack and caused injury with spade (kahi) on the head of Suwinder Singh @ Babbu. No specific injury is attributed to the petitioner except vague and general allegations that he also caused injury to Suwinder Singh. Meaning thereby all the main allegations of murder are assigned to main accused Sarabjit Singh @ Saaba (non-petitioner).

5. Moreover, the petitioner was arrested on 07.11.2011. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. There is no history of his previous involvement in any other criminal case. The conclusion of trial will naturally take a long time.

6. In the light of aforesaid reasons, taking into consideration the totality of 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 of main case, the instant petition for regular bail is accepted. The petitioner is ordered to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of the trial Court.

7. Needless to mention that, nothing observed here-in-above, would reflect on the merits of the main case, in any manner, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. 30.06.2014 (Mehinder Singh Sullar) sumit.k Judge Sumit Kumar 2014.06.30 16:16 I attest to the accuracy and integrity of this document