In a bail application under CrPC, the High Court of Punjab and Haryana granted regular bail to the petitioner accused of offenses under IPC Sections 323, 325, 506, and 307 read with Section 34, ordered for release on a personal bond with one surety.
Petitioner released on bail on furnishing a personal bond of Rs. 25,000/- with one surety in the like amount.
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.
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Crl. Misc. No. M-16340 of 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
**Crl. Misc. No. M-16340 of 2012 Date of Decision: 20.07.2012 *****
Raju
.. Petitioner
VS.
State of Haryana
.. Respondent
CORAM:HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present:Mr. J.S. Hooda, Advocate for the petitioner.
Mr. Sagar Deswal, AAG Haryana.
VIJENDER SINGH MALIK, J(ORAL).
Raju , the petitioner has sought regular bail in a case registered by way of FIR No. 6 dated 10.1.2012 at Police Station Chandhat, District Palwal, for an offence punishable under sections 323, 325 and 506 IPC read with section 34 IPC, to which section 307 IPC was added lateron.
Learned counsel for the petitioner submits that during the course of a cricket game, an altercation took place between the children playing there and in the same, the petitioner is alleged to have given a cricket bat blow on the right side of head of Sandeep. According to him, the petitioner is in custody since 21.3.2012 and the trial would take long time to be over. He further submits that the petitioner is about 18/19 years old and the occurrence took place in the heat of moment.
Learned State counsel, on the other hand, disputes the age of the petitioner. According to him, he is about 22 years of age.
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Crl. Misc. No. M-16340 of 2012
According to him, the next date fixed in the case is 1.8.2012 and the complainant is yet to be examined.
The fact which is relevant here is that the petitioner has given a solitary blow and he did not attempt a second blow. The occurrence took place during the game of cricket and the trial court would have to decide after taking evidence as to in what circumstances it started. The petitioner is in custody for the last about four months and the trial would take long time to be over. In these circumstances, without commenting on the merits of the case, I find the petitioner to be entitled to bail. Consequently, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing a personal bond in a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of learned trial court.
July 20,2012 (VIJENDER SINGH MALIK) Jiten JUDGE
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a case involving assault and attempt to commit murder during a cricket altercation.
Whether the petitioner's age and the nature of the occurrence warrant release on personal bond.
2 provisions across 1 enactments
Raju
State of Haryana
Vijender Singh Malik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
