In a bail petition under Section 439 Cr.P.C., the Court released the petitioner who faced charges under Sections 307 and 34 IPC. The Court noted the injured victim had recovered and held further detention was unwarranted given the trial's prolonged duration.
Petitioner released on bail to the satisfaction of the Chief Judicial Magistrate, Gurdaspur.
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-3244 of 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No.M-3244 of 2012
Date of Decision: 24 - 2 – 2012
Danial @ Nama
.....Petitioner
v.
State of Punjab .....Respondent
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr.Vivek K. Thakur, Advocate for the petitioner.
Ms.Jaspreet Kaur, AAG, Punjab.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in a case arising out of FIR No.102 dated 6.9.2011 registered at Police Station Division No.2 Pathankot, District Gurdaspur under Sections 307, 34 IPC.
Petitioner was stated to be armed with a Kirch and gave a blow on the neck of Narinder Kumar and offence falls under Section 307 IPC. It is stated that injured has been discharged from the hospital and has resumed his day to day avocation.
Petitioner is stated to be in custody since 12.9.2011. Prosecution has cited 11 witnesses. Only two witnesses have been
Crl. Misc. No.M-3244 of 2012
[2]
examined.
Trial will take a long time to conclude. Hence, further detention of the petitioner is not warranted. Consequently, the present petition is accepted. Petitioner is ordered to be released on bail to the satisfaction of Chief Judicial Magistrate, Gurdaspur.
February 24, 2012.
( KANWALJIT SINGH AHLUWALIA ) JUDGE
RC
1 issue framed by the court
Whether bail should be granted to the petitioner in a case involving an attempt to cause death.
1 provisions across 1 enactments
Danial @ Nama
State of Punjab
Kanwalsingh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
