Dismissed

Prabhsimran Singh v. State of Hp

Himachal Pradesh HC31 May 2017CRMPM/528/2017

Case brief

AI extract

What is this about?

High Court of Himachal Pradesh dismissed bail application of petitioner who assaulted victim with a sword. Court rejected parity claim with co-accused on bail, noting framing of charges, petitioner's status as outsider, and risk of trial delay.

What did the court decide?

Bail application dismissed. Petitioner directed to approach trial court for bail after recording of prosecution witness statements.

Prabhsimran Singh Vs State of Hp — Bail and Remand | Himachal Pradesh HC (2017)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 528 of 2017 Date of decision: May 31, 2017.

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Prabhsimran Singh …...Petitioner

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Versus

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State of Himachal Pradesh. ……Respondent.

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Coram

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The Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge. Whether approved for reporting?¹

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For the petitioner	:	Mr. M.S.Jandiala, Advocate with
		Mr. Dheeraj K. Vashishat, Advocate.
For the respondent	:	Mr. Varun Chandel, Addl. AG. ASI Naginder Kumar,
		PS Dalhousiepresent inperson.

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Dharam Chand Chaudhary, J. (Oral)

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The petitioner is an accused in a case registered in Police Station Dalhousie, District Chamba against him and his coaccused (four in number), under Sections 326, 147, 148, 149, 504, 506, 307 IPC and under Section 25 of the Indian Arms Act, 1959. His co-accused, namely, Sahibpreet Singh, Karanveer Singh, Gurpreet Singh and Prabhdeep Singh, have already been enlarged on bail. He has now filed this application for grant of bail.

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Mr. M.S. Jandiala, Advocate, learned counsel representing the accused-petitioner assisted by Mr. Dheeraj K. Vashishat, Advocate, has vehemently argued that the petitioner is a student and not a hardened criminal. He had gone to Dalhousie on a pleasure trip along with his co-accused. While drawing the 1 Whether the reporters of the local papers may be allowed to see the Judgment? yes.

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attention of this Court to the police report filed under Section 173(2) Cr.P.C., it has been urged that the incident sparked off at a spur of moment and that too on trifles. It has, therefore, been urged that when his co-accused have been ordered to be enlarged on bail, he also deserves similar treatment. 3. This Court is not at all in agreement with the submissions so made by learned counsel for the reason that it is the accused-petitioner Prabhsimran Singh, who had assaulted the husband of the complainant with sword and inflicted injury, allegedly grievous in nature, on his hand. In the judgment dated 1.3.2017 passed in the similar petitions filed by his co-accused, it has been observed that he is the principal accused. There is no similarity between his case and that of his co-accused and they were admitted on bail after this Court has prima-facie satisfied that they had not administered beatings to the victim of the occurrence nor instigated the petitioner herein to stab him with sword. Therefore, in the matter of grant of bail the accusedpetitioner is not entitled to claim parity. Otherwise also, at this stage charge against the accused-petitioner and his co-accused stands framed and the trial is fixed for recording prosecution evidence tomorrow i.e. 1.6.2017 onward. Being so and also that the accused-petitioner is an outsider, it is not deemed appropriate to enlarge him on bail. Being an outsider, the possibility of his jumping over the bail can’t also be overruled and in that event the proceedings in the trial may get delayed .

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Needless to say that the petitioner-accused may first approach the trial Court for grant of bail afresh in the changed circumstances, if any, i.e. after recording of at least the statements of the material prosecution witnesses, if so advised.

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The petition, as such, being devoid of any merit is

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dismissed.

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May 31, 2017, (Dharam Chand Chaudhary), (karan ) Judge.

Prabhsimran Singh v. State of Hp

Case brief

What is this about?

What did the court decide?

Prabhsimran Singh v. State of Hp

Case brief

What is this about?

What did the court decide?

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