In a criminal miscellaneous bail petition, the Court granted bail to the petitioner accused of assault and unlawful assembly pending a compromise between the parties, emphasizing the condition of not committing further offences pending trial.
Ordered release on bail subject to furnishing of bonds/surety and undertaking not to commit further offences.
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. Misc. No. M-10113 of 2011
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-10113 of 2011 (O&M) Date of Decision : 15.07.2011
Jeet
....Petitioner
Versus
State of Haryana
....Respondent
CORAM : HON'BLE MR. JUSTICE M.M.S. Bedi
Present: Mr. Anmol Partap Mann, Advocate for Mr. A.P.S. Mann, Advocate for the petitioner.
Ms. Sushma Chopra, Addl. A.G. Haryana.
M.M.S. Bedi, J (ORAL)
The petitioner as member of unlawful assembly is alleged to have participated in assault on Naresh and others. So far as petitioner is concerned, he has been attributed a lathi blow on the head of Dharam which causing an injury which has been described to be as follows; “possibility of injury being dangerous to life cannot be ruled out”.
He has also been attributed lathi blow on the head of Bhupinder Singh as per his statement recorded under Section 161 but in the FIR it is not there. It is doubtful whether the statement of Bhupinder Singh recorded under Section 161 is a matter of confirmation with the original statement in the FIR.
Without expression of any opinion on merits of the case, the petitioner can be granted concession of bail as it has been informed that the parties are entering into amicable settlement by compromising the petition.
The petition is allowed.
Crl. Misc. No. M-10113 of 2011
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The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of trial Court subject to the condition that he will not commit the similar offence to which he is an accused of.
15.7.2011 savita
(M.M.S. Bedi) Judge
2 issues framed by the court
Whether the petitioner alleged for assault and unlawful assembly participation is eligible for bail concession given the alleged amicable settlement.
Whether the statement of an injured party Bhupinder Singh recorded under Section 161 corroborates the allegations related to lathi blow.
Jeet
State of Haryana
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
