Coram held that without requiring an X-ray for an injury classification, the petitioner can be granted bail considering custody duration and trial length. Bail allowed with conditions.
Petitioner released on bail by furnishing bonds/surety to trial court subject to condition not to commit similar offence.
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-16019 of 2011 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl. Misc. No. M-16019 of 2011
Date of Decision: August 23, 2011
Jasbir Singh
…..Petitioner
Vs.
State of Punjab
…..Respondent
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr. Ashish Bakshi, Advocate for the petitioner.
Mr. K.S. Sidhu, DAG, Punjab.
-.-
M.M.S. BEDI, J. (ORAL)
The petitioner has been attributed injury No.1 shown in the MLR of Avtar Singh which is an incised wound on the right elbow cutting underneath olecreanen process restricting the movement.
Counsel for the petitioner has contended that without X-ray, injury No.1 has been declared grievous.
Crl. Misc. No.M-16019 of 2011
[2]
The petitioner has also been attributed a grievous injury on the
metacarpal of the left hand of Iqbal Singh.
Without expression of any on merits of the case, it is sufficient to observe that the petitioner has been in custody w.e.f. March 11, 2011; the challan has already been presented; and the trail is likely to take a long time, the petitioner can be granted the concession of bail.
Petition is allowed. Petitioner is ordered to be released on bail on his furnishing bail bonds/ surety bonds to the satisfaction of the trial Court subject to the condition that the petitioner will not commit the similar offence of which he is accused of during the pendency of the trial. In case of petitioner indulging in the similar activity during the pendency of the case, it will be open to the complainant or the prosecution agency to seek
the cancellation of this order.
August 23, 2011 sanjay
(M.M.S.BEDI) JUDGE
1 issue framed by the court
Whether bail should be granted to the petitioner without expressing an opinion on the merits of the grievous injury classification.
Jasbir Singh
State of Punjab
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
