This criminal miscellaneous petition for regular bail under Section 439 Cr.P.C. was allowed. The court ordered the petitioner's release subject to furnishing a personal bond of Rs. 50,000 with two sureties.
Petitioner ordered to be released on bail by furnishing a personal bond of Rupees fifty thousand with two sureties.
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-1478 of 2017
Date of decision:27.1.2017
Harpreet Singh alias Happo
...Petitioner
v.
State of Punjab
...Respondent
Coram: Hon'ble Mr. Justice Inderjit Singh
.....
Present: Mr. Bhupinder Ghai, Advocate for the petitioner.
Mr. Deep Singh, Assistant Advocate General, Punjab for the respondent-State.
Inderjit Singh, J.
The petitioner has filed this second petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.44 dated 5.3.2008 (Annexure-P.1) registered for the offences under Sections 323, 324, 326, 148 and 149 IPC at Police Station Goraya, District Jalandhar.
Notice of motion to Advocate General, Punjab.
Mr. Deep Singh, learned Assistant Advocate General, Punjab has put in appearance on behalf of the respondent-State and contested this petition.
I have heard learned counsel for the petitioner as well as learned Assistant Advocate General, Punjab, appearing for the respondentState and have gone through the record.
Harpal Singh Parmar 2017.01.30 16:59 I attest to the accuracy and authenticity of this document Chandigarh
Cr. Misc. No.M-1478 of 2017
[2]
From the record, I find that the present petitioner was earlier declared proclaimed offender in the FIR. The case is only for the offence under Section 326 IPC. The present petitioner was not named in the FIR and no act has been attributed to him, but during investigation grievous injury is attributed to him on left leg i.e. on non-vital part of the body.
The petitioner has been in custody since 28.9.2015. The petitioner is not required for interrogation or investigation purposes as he is in judicial custody. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the final disposal of the case.
Therefore, keeping in view the facts and circumstances of the present case; without discussing the facts in minute detail and without expressing any opinion on the merits of the case, this criminal miscellaneous petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal bond in the sum of `50,000/- with two sureties in the like amount to the satisfaction of the trial Court/Duty Magistrate.
January 27, 2017. (Inderjit Singh) Judge
hsp
NOTE: Whether speaking/reasoned: Yes Whether reportable: No
Harpal Singh Parmar 2017.01.30 16:59 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether the petitioner should be granted regular bail considering he is not required for interrogation and the trial will take a long time.
2 provisions across 2 enactments
Harpreet Singh alias Happo
State of Punjab
Inderjit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
