This judgment grants regular bail to the petitioner in a criminal case involving offences under Sections 307, 323, 324, 34 IPC and the Arms Act. The court found no grounds to believe the petitioner would abscond or influence witnesses upon release.
Regular bail allowed to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.M.No.M-23863 of 2010 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.No.M-23863 of 2010 (O&M) Date of Decision: November 17, 2010
Darshan Singh
.....Petitioner
v.
State of Punjab
.....Respondent
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.Aman Dhir, Advocate for the petitioner.
Ms.Bhavna Gupta, DAG, Punjab.
RAM CHAND GUPTA, J.(Oral)
The present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.43, dated 15.2.2010, under Sections 307, 323, 324, 34 IPC and Section 25 of the Arms Act, registered at Police Station Sultanpur, District Kapurthala.
I have heard learned counsel for the parties and have gone through the whole record carefully.
It has been contended by learned counsel for the petitioner that he has been continuing in custody since 17.2.2010. Further contends that petitioner has been falsely implicated in this case as some civil litigation is going on between the complainant and father of petitioner and his other brothers. Petitioner is the real brother of the complainant. It is also contended that no specific injury has been attributed to the present petitioner though he was stated to be armed with Barchi. It is also contended that trial is not likely to conclude in near future as no witness has been examined so far.
There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.
In view of these facts and without expressing any opinion on
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Crl.M.No.M-23863 of 2010 (O&M)
the merits of the case, the present petition filed by petitioner-Darshan Singh for grant of regular bail is allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Kapurthala.
17.11.2010 meenu
(Ram Chand Gupta) Judge
3 issues framed by the court
Whether regular bail should be granted to the petitioner in a case involving offences under Sections 307, 323, 324, 34 IPC and Section 25 of the Arms Act.
Whether the petitioner faces reasonable grounds for belief that he is likely to abscond or tamper with witnesses if released on bail.
Whether the petitioner can be released on bail when allegations of conspiracy and false implication are raised.
3 provisions across 3 enactments
Darshan Singh
State of Punjab
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
