The High Court of Punjab and Haryana allowed a bail petition under Section 439 CrPC. The court held that since the investigation was complete, the challan filed, and the petty injury was simple, further incarceration was unwarranted, granting bail pending trial.
Petitioner released on bail pending trial subject to furnishing personal/surety bonds.
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In the High Court for the States of Punjab and Haryana at Chandigarh
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Resham Singh
..Petitioner
Versus
State of Punjab
..Respondent
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Present: Mr. Vivek Goel, Advocate for the petitioner. Mr. Rajesh Mehta, Addl. AG,Punjab for the respondent.
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Heard.
By way of this petition under Section 439 of the Code of Criminal Procedure, the petitioner seeks his release on bail pending trial in FIR No. 224, dated 27.11.2013 registered under Sections 308/325/341/323/148/149 of the Indian Penal Code, 1860 (with Section 307, IPC, added later on), at Police Station Kotkapura, District Faridkot.
Learned counsel for the petitioner has argued that the injury attributed to the petitioner is on left knee of the victim and the same has been declared simple in nature by the doctor and the petitioner is in custody since 29.4.2014.
It has been submitted by learned State counsel that the
NIRMAL KANT 2014.10.06 14:11 I am the author of this document high court chandigarh
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investigation in the matter is already complete and the challan has already been filed before the Court.
In view of the above situation, further incarceration of the petitioner is found to be unwarranted.
Consequently, the petition is allowed and the petitioner< Resham Singh son of Jangir Singh resident of Inder Colony, Kotkapura District Faridkot, is ordered to be released on bail pending trial subject to his furnishing personal/surety bonds to the satisfaction of learned Chief Judicial Magistrate, Faridkot.
October 1, 2014 (MAHAVIR S.CHAUHAN) nk JUDGE
NIRMAL KANT 2014.10.06 14:11 I am the author of this document high court chandigarh
1 issue framed by the court
Whether the petitioner satisfies the requirements for release on bail pending trial in an FIR registered under sections 308, 325, 341, 323, 148, 149 IPC along with section 307 IPC added later, given t
1 provisions across 1 enactments
Resham Singh
State of Punjab
Mahavir S. Chauhan
As recorded by the court registry
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