Gurbachan Singh Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1155516
CourtPunjab and Haryana High Court
Decided OnJul-11-2014
AppellantGurbachan Singh
RespondentState of Punjab
Excerpt:
criminal misc. no.m-16425 of 2014 [1].in the high court of punjab and haryana at chandigarh criminal misc. no.m-16425 of 2014 date of decision: july 11, 2014 gurbachan singh ...petitioner versus state of punjab ...respondent coram: hon'ble mr.justice naresh kumar sanghi present: mr.aman bansal, advocate, for the petitioner. mr.p.s.ghuman, addl.ag, punjab. naresh kumar sanghi, j. prayer in this petition is for grant of regular bail to the petitioner, gurbachan singh, who has been booked for having committed the offences punishable under sections 25, 27 and 30 of the arms act and sections 307 and 323 read with section 34, ipc, in a case arising out of fir no.40, dated 07.03.2011, registered at police station, sadar, dhuri, district sangrur. learned counsel contends that in spite of the fact that the petitioner was allegedly armed with firearm and he fired two shots but hit none. he further submits that the petitioner is behind the bars from 03.09.2013 and after completion of the investigation, the charge-sheet (report under section 173 cr.p.c.) has already presented before the learned area judicial magistrate. learned counsel for the state, on instructions from hc ranjit singh, police station, sadar, dhuri, fairly concedes that the applicant/appellant had not caused injury to any of the injured. he fairly concedes that the petitioner is behind the bars from sharma seema 2014.07.11 17:29 i attest to the accuracy and integrity of this document chandigarh criminal misc. no.m-16425 of 2014 [2].03.09.2013 however, he submits that the petitioner is involved in two more cases for the offences punishable under section 174-a and 188, ipc and the mines act. heard. concededly the petitioner had no caused any injury to any person. he is behind the bars from 03.09.2013. the trial would take sufficient long time. further incarceration of the petitioner does not appear to be justified in the present case. as a sequel to the above, the present petition is allowed. petitioner-gurbachan singh s/o subha singh, r/o village kaleke, district barnala, is ordered to be released on bail during the cours.of trial subject to his furnishing bail bonds to the satisfaction of the learned chief judicial magistrate/duty magistrate, sangrur. july 11, 2014 (naresh kumar sanghi) seema judge sharma seema 2014.07.11 17:29 i attest to the accuracy and integrity of this document chandigarh
Judgment:

Criminal Misc.

No.M-16425 of 2014 [1].IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.

No.M-16425 of 2014 Date of Decision: July 11, 2014 Gurbachan Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE Mr.JUSTICE NARESH KUMAR SANGHI Present: Mr.Aman Bansal, Advocate, for the petitioner.

Mr.P.S.Ghuman, Addl.AG, Punjab.

Naresh Kumar Sanghi, J.

Prayer in this petition is for grant of regular bail to the petitioner, Gurbachan Singh, who has been booked for having committed the offences punishable under Sections 25, 27 and 30 of the Arms Act and Sections 307 and 323 read with Section 34, IPC, in a case arising out of FIR No.40, dated 07.03.2011, registered at Police Station, Sadar, Dhuri, District Sangrur.

Learned counsel contends that in spite of the fact that the petitioner was allegedly armed with firearm and he fired two shots but hit none.

He further submits that the petitioner is behind the bars from 03.09.2013 and after completion of the investigation, the charge-sheet (report under Section 173 Cr.P.C.) has already presented before the learned Area Judicial Magistrate.

Learned counsel for the State, on instructions from HC Ranjit Singh, Police Station, Sadar, Dhuri, fairly concedes that the applicant/appellant had not caused injury to any of the injured.

He fairly concedes that the petitioner is behind the bars from Sharma Seema 2014.07.11 17:29 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc.

No.M-16425 of 2014 [2].03.09.2013 however, he submits that the petitioner is involved in two more cases for the offences punishable under Section 174-A and 188, IPC and the Mines Act.

Heard.

Concededly the petitioner had no caused any injury to any person.

He is behind the bars from 03.09.2013.

The trial would take sufficient long time.

Further incarceration of the petitioner does not appear to be justified in the present case.

As a sequel to the above, the present petition is allowed.

Petitioner-Gurbachan Singh s/o Subha Singh, r/o village Kaleke, District Barnala, is ordered to be released on bail during the couRs.of trial subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Sangrur.

July 11, 2014 (Naresh Kumar Sanghi) seema Judge Sharma Seema 2014.07.11 17:29 I attest to the accuracy and integrity of this document Chandigarh