The High Court allowed a bail application under section 439 Cr.P.C. considering the extended incarceration period, non-vital nature of injuries, and the likelihood of an extended trial, without examining the merits of the case.
Bail granted to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Sirsa.
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.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-665 of 2017 Date of decision : January 18, 2017
Subash Chander
....Petitioner
versus
State of Haryana
....Respondent
Coram: Hon'ble Mr. Justice Fateh Deep Singh
Present : Ms Kamalpreet, Advocate, for the petitioner Mr. Deepak Sabharwal, Addl. AG, Haryana, for the respondent
Fateh Deep Singh, J. (Oral)
The allegations against petitioner Subhash Chander in this regular bail application under section 439 Cr.P.C. are that on 8.8.2016 petitioner along with his co-accused non-applicant have caused injuries to complainant Prem Dass.
The contentions of counsel for the petitioner are that the petitioner has been attributed four injuries by means of kappa and out of which one injury on the right middle finger has been subsequently opined to be covered under section 326 IPC and that the petitioner is in custody for the last more than five months and that the opinion attracting section 326 IPC is a subsequent belated one. Though factual fact is not disputed by the learned State counsel but has sought to oppose the bail.
Dalbir Singh Tiwana 2017.01.19 16:23 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
Criminal Misc. No. M-665 of 2017 -2-
Keeping in view the substantive period of incarceration and nature of injuries being on non-vital part and the fact that the trial is not likely to be concluded in near future, without adverting to the merits of the case, the instant application is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate,Sirsa.
The present petition stands disposed off accordingly.
( Fateh Deep Singh ) January 18, 2017 Judge 'tiwana' Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No
Dalbir Singh Tiwana 2017.01.19 16:23 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
2 issues framed by the court
Whether bail should be granted to the petitioner in view of the length of custody and the nature of injuries sustained.
Whether the belated opinion regarding section 326 IPC affects the decision on bail.
2 provisions across 2 enactments
Subash Chander
State of Haryana
Fateh Deep Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
