The High Court granted regular bail to the petitioners, who had been in custody for six months in a criminal assault case where no witness had been examined. The court noted the delay in trial.
Petitioners released on bail subject to surety and a condition not to harass witnesses or hamper the trial.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-1396-2015 (O&M). Decided on: February 20, 2015.
Sukhraj Singh and another
..... Petitioner(s)
Versus
State of Punjab
..... Respondent(s)
CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI
PRESENT Mr.P.S.Dhaliwal, Advocate, for the petitioners. Mr.C.S.Brar, AAG., Punjab.
M.M.S. BEDI, J (ORAL)
The petitioners allegedly assaulted complainant Harpal Singh by inserting chillies and patrol in the private parts.
It has been informed by counsel for the petitioners that as a matter of fact, Mangal Singh had indulged in eve-teasing as a result of which he was caught by the devotees in Derra and assaulted.
I have considered the facts and circumstances of the case. It is sufficient to observe here that the petitioners have been in custody for the last six months. Challan has been presented. No witness has been examined. The trial is likely to take a long time.
In view of period of detention suffered by the petitioners, they can be granted the concession of regular bail.
The petition is allowed. The petitioners are ordered to be releases on bail on their furnishing bail bonds/surety bonds to the satisfaction of the trial Court subject to the condition that they will not indulge in browbeating the witnesses or hamper the trial in any manner. In case of any such eventuality, this order will be liable to be cancelled.
(M.M.S. BEDI) February 20, 2015. JUDGE rka
1
RAJ KUMAR ARORA 2015.02.21 15:18 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the petitioners, detained for six months without an examined witness in a serious assault case, warrant a grant of bail.
Sukhraj Singh and another
State of Punjab
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
