Allowed

Shamsher Singh @ Shera v. State of Punjab

Punjab & Haryana HC12 Jul 2012CRM-M/11886/2012

Case brief

AI extract

What is this about?

Petitioner seeking regular bail for offences under Sections 307, 148, 149, 323, 324 IPC. Court accepted bail as no challan filed, main trial delayed, no prior criminal history, and no specific role attributed to him.

What did the court decide?

Petitioner ordered to be released on regular bail by furnishing adequate bail and surety bonds to the satisfaction of the Area Magistrate.

Shamsher Singh @ Shera Vs State of… — Murder and Culpable Homicide | Punjab & Haryana HC (2012)

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Criminal Misc.No.M-11886 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc.No.M-11886 of 2012(O&M)

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Date of Decision:12.07.2012

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Shamsher Singh @ Shera ......Petitioner

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Versus

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State of Punjab ......Respondent

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CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR.

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Present: Nemo for the petitioner.

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ASI Bhappi Masih, I.O. for the State.

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MEHINDER SINGH SULLAR, J.(oral)

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Record perused.

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Petitioner-Shamsher Singh @ Shera son of Jaswant Singh, has directed the instant petition for regular bail in a case registered against him along with his other co-accused, by way of FIR No.22 dated 15.02.2011, on accusation of having committed the offences punishable under Sections 307, 323, 324, 148 and 149 IPC, by the police of Police Station Dhariwal, District Gurdaspur, invoking the provisions of Section 439 Cr.P.C.

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Notice of the petition was issued to the State.

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After perusing the record and considering the entire matter deeply, to my mind, the present petition deserves to be accepted in this context.

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At the very outset, ASI Bhappi Masih, the investigating officer, who is today present in the Court, has stated that the petitioner was earlier allowed bail in the present case. He jumped bail, but subsequently he himself surrendered in the trial Court on 16.03.2012 and since then, he is in judicial custody. No useful purpose would be served in further detaining him in jail. Even since, challan/final

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Criminal Misc.No.M-11886 of 2012

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police report under Section 173 Cr.P.C. has not yet been submitted in the Court, so, the conclusion of main trial would naturally take a long time. There is no history of previous involvement of the petitioner in any criminal case. Moreover, no specific role or overt-act is attributed to the petitioner.

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In the light of aforesaid reasons, taking into consideration the totality of the facts and circumstances emanating from the record, as discussed hereinabove and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the Area Magistrate having the jurisdiction.

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July 12, 2012 ( M EHINDER S INGH S ULLAR) seema JUDGE

Shamsher Singh @ Shera v. State of Punjab

Case brief

What is this about?

What did the court decide?

Shamsher Singh @ Shera v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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