Allowed

Amrik Singh v. State of Punjab

Punjab & Haryana HC23 Aug 2012CRM-M/17461/2012

Case brief

AI extract

What is this about?

The High Court at Chandigarh, in Criminal Misc. No. M-17461 of 2012, allowed the petitioner's bail petition. Noting that co-accused were similarly placed and granted bail, the court held it just and expedient to extend bail to the petitioner due to the simple nature of injuries attributed to him and the length of the anticipated trial.

What did the court decide?

Petitioner directed to be released on bail pending trial to the satisfaction of the learned trial court.

Amrik Singh Vs State of Punjab — Murder and Culpable Homicide | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M-17461 of 2012 (O&M) Date of Decision: 23.8.2012

Amrik Singh

.....Petitioner.

Versus

State of Punjab

.....Respondent.

CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK

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Present : Mr. Manjit Singh Uppal, Advocate for the petitioner.

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Mr. Deepak Balyan, Additional A.G., Punjab.

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Mr. P.K.S.Phoolka, Advocate for the complainant.

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RAMESHWAR SINGH MALIK J. (ORAL)

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The petitioner seeks bail pending trial by way of instant petition under Section 439 Cr.P.C., in the case arising out of FIR No. 56 dated 12.9.2011, under Sections 302, 307, 326, 324, 323, 148, 149 IPC registered at Police Station Sadar, District Mansa.

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Learned counsel for the petitioner relies upon the orders dated 12.3.2012 and 21.5.2012 (Annexure P-1 and P-2, respectively) passed by this Court granting the concession of bail pending trial to the co-accused of the petitioner, namely Jagtar Singh and Seera alias Jagsir Singh.

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Learned counsel for the State submits that although petitioner is similarly placed with Jagtar Singh and Seera alias Jagsir Singh yet the allegations being specific and serious, he is not entitled for the bail pending trial.

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Criminal Misc. No. M-17461 of 2012

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Having heard the learned counsel for the parties and after going through the record of the case, this Court is of the considered opinion that it is just and expedient to extend the benefit of concession of bail pending trial to the petitioner. I say so because of more than one reasons, being recorded hereinafter.

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Firstly, it has gone undisputed that petitioner is similarly placed with his co-accused namely Jagtar Singh and Seera @ Jagsir Singh, who have been granted bail by this Court, vide Annexures P-1 and P-2. Secondly, injury attributed to the petitioner has been found to be simple in nature. It is also an undisputed fact that the petitioner did not cause any injury to the deceased. Thirdly, the trial will take considerable long time and no purpose would be served by keeping the petitioner inside the jail.

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The view taken by this Court also finds support from the recent judgment of the Hon'ble Supreme Court in Sanjay Chandra versus CBI, 2011 (4) RCR (criminal) 896.

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Accordingly, without commenting upon the merits of the case, petitioner is directed to be released on bail pending trial to the satisfaction of the learned trial court.

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Resultantly, the instant petition is allowed.

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(RAMESHWAR SINGH MALIK) JUDGE

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23.8.2012

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Ak Sharma

Amrik Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Amrik Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

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