Allowed

Chitmail Singh v. State of Punjab

Punjab & Haryana HC29 May 2013CRM-M/12138/2013

Case brief

AI extract

What is this about?

Ordinary bail petitions filed by two accused persons in a case involving assault, robbery, and unlawful possession of arms were allowed upon finding that the investigation was over and the prosecution challan had been filed, ordering release against personal bond.

What did the court decide?

Petitions allowed; petitioners ordered to be released on bail on furnishing personal bond of Rs.30,000 each with one surety each in the like amount.

Chitmail Singh Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Crl. Misc. No. M-12138 of 2013 (O&M)

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Date of decision: May 29, 2013

Chitmail Singh

.. Petitioner

Vs.

State of Punjab

.. Respondent

Crl. Misc. No. M-12321 of 2013 (O&M)

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Simranjit Singh @ Manna

.. Petitioner

Vs.

State of Punjab

.. Respondent

Coram: Hon'ble Mr. Justice Vijender Singh Malik

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Present: Mr. Rakesh Kumar, Advocate for the petitioner (s). Mr. Amit Chaudhary, AAG, Punjab.

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Vijender Singh Malik, J (Oral)

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Chitmail Singh by way of Crl. Misc. No. M-12138 of 2013 and Simranjit Singh @ Manna by way of Crl. Misc. No. M-12321 of 2013, seek regular bail in a case registered by way of FIR No.110 dated 27.12.2012 at Police Station, Bholath, District Kapurthala, for an offence punishable under Sections 307, 395, 342, 511 IPC and 25 of Arms Act.

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Learned counsel for the petitioners took me through the contents of the FIR and has submitted that the complainant, who has been provided as a Gunman to Yuvraj Bhupinder Singh, accompanied by Yuvraj Bhupinder Singh was going in a Skoda car. When they were about 100 yards short of Ashish Palace, they were stopped by some 9 or 10 armed persons. According to him, one of them fired at the complainant and Yuvraj Bhupinder Singh with an intention to kill them. Till then the complainant retaliated by firing three shots from his gun in the air, on account of which they escaped with their respective weapons leaving behind the motor cycles at the spot. According to him, no person has been hurt in this case. He

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Crl. Misc. No. M-12138 of 2013 (O&M) & Crl. Misc. No. M-12321 of 2013 (O&M) -2-

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further submits that the police had identified the person, who fired the gun shot as Balbir Singh non-applicant, who is in custody. He further submits that the petitioners are in custody since January, 2013. According to him, no overt act is attributed to them.

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Learned State counsel, on the other hand, submits that the petitioners and others, including Balbir Singh, had made a group with the intention to intercept the vehicles and loot of inmates thereof. According to him, the complainant fired in his defence and for the protection of Yuvraj Bhupinder Singh. It is a fact evident from the record that the petitioners did not fire nor used their any other weapon. The record does not speak as to what weapon they were holding. The person, who is said to have fired, is Balbir Singh, who is in custody. No one was hurt on account of the shot fired by him.

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Looking to the facts that the investigation is over and challan has been filed, I find the petitioners to be entitled to bail. Hence, these petitions are allowed. The petitioners are ordered to be released on bail on their furnishing a personal bond each in a sum of Rs.30,000/- with one surety each in the like amount to the satisfaction of the Chief Judicial Magistrate, Kapurthala.

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(Vijender Singh Malik) Judge

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May 29, 2013 deepak

Chitmail Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Chitmail Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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