The single-judge bench granted regular bail to the petitioner under Section 439 Cr.P.C., holding his case at par with co-accused already released on bail.
Petitioner released on regular bail on furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Amritsar.
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-28756 of 2012
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No.M-28756 of 2012 Date of Decision: 19.11.2012
Gursahib Singh
....Petitioner
Versus
State of Punjab ....Respondent
BEFORE :- HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present:Ms. G.K. Mann, Advocate for the petitioner.
Mr. Gaurav Garg Dhuriwala, D.A.G., Punjab for the respondent-State.
DAYA CHAUDHARY, J. (ORAL)
The present petition has been filed under Section 439 Cr.P.C for grant of regular bail to the petitioner namely Gursahib Singh in case FIR No.131 dated 12.10.2011 under Sections 307, 323, 506, 148, 149 IPC and Sections 25/27 of the Arms Act registered at Police Station Lopoke, Amritsar during the pendency of the trial on the ground that as per the allegations in the FIR, multiple gun shot injuries were caused on the person of Majhail Singh, Nishan Singh and Virsa Singh who were from the petitioner's side and the cross case was also registered on the basis of the statement of Majhail Singh on 12.10.2011 vide DDR No.34 under Sections 307/506/148/149 IPC and Sections 25/27/54/59 of the Arms Act.
Learned counsel for the petitioner submits that the allegations against the present petitioner were that he was armed with 12 bore rifle but no specific injury has been attributed to him. Learned counsel further submits that the case of the present petitioner is at par with that of
Crl. Misc. No.M-28756 of 2012
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co-accused namely Mukhtiar Singh, Ranjit Singh and Karnail Singh who have been released on regular bail.
Learned State counsel has not disputed about the bail granted to co-accused of the petitioner but submits that cross version was recorded but subsequently the same has been cancelled.
In view of the submissions made by learned counsel for the parties and keeping in view the role of the petitioner and that his co-accused namely Mukhtiar Singh, Ranjit Singh and Karnail Singh have already been granted regular bail and the case of the present petitioner is at par with them, the present petition is allowed and the petitioner is directed to be released on regular bail on his furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Amritsar.
(DAYA CHAUDHARY) JUDGE
19.11.2012 gurpreet
2 issues framed by the court
Whether the petitioner is entitled to regular bail under Section 439 Cr.P.C.
Whether the petitioner's case is at par with co-accused who have already been granted regular bail.
1 provisions across 1 enactments
Gursahib Singh
State of Punjab
Daya Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
