The High Court of Punjab and Haryana dismissed a bail petition under Section 439 Cr.P.C. The court found the petitioner armed with a pistol and attributed injuries to him in FIR events. No grounds for parity with co-accused were found, leading to rejection of bail.
Bail petition dismissed; no regular bail granted to petitioner.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-41068 of 2018 (O&M) Date of Decision: September 24, 2018
Simra Singh
...Petitioner
VERSUS
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.H.S.Deol, Advocate for the petitioner.
INDERJIT SINGH, J.
Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.77 dated 19.10.2016 under Sections 302, 307, 379, 436, 336, 427, 324, 323, 148, 149, 120-B IPC and Sections 25 and 27 of the Arms Act, registered at Police Station Kotbhai, District Sri Muktsar Sahib.
Notice of motion.
Ms.Monika Jalota, DAG, Punjab, has put in appearance on behalf of the respondent-State and contested the petition.
I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record.
From the record, I find that though present petitioner Simra Singh is not named in the FIR but in the supplementary statement of the VINEET GULATI 2018.09.25 16:16 I attest to the accuracy andcomplainant, he has been named and is stated to be armed with pistol and he authenticity of this document Chandigarh
CRM No.M-41068 of 2018 -2-
had fired shots from his country made pistol upon the complainant party, due to which, Naib Singh uncle of the complainant, Harwinder Singh complainant's son and one Amritpar Singh died and others were injured.
There is also no ground of parity of the petitioner with coaccused Daljeet Singh @ Jeet Singh, Opinder Singh alias Prince and Kulwant Singh.
Keeping in view the facts and circumstances of the present case, attribution of injuries to the petitioner on the person of deceased and others and without discussing the facts in minute detail and without expressing any opinion on the merits of the case, I do not find a fit case where petitioner is entitled to benefit of regular bail.
Therefore, finding no merit in the present petition, the same is
dismissed.
September 24, 2018 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No
VINEET GULATI 2018.09.25 16:16 I attest to the accuracy and authenticity of this document Chandigarh
2 issues framed by the court
Whether the petitioner is entitled to grant of regular bail under Section 439 Cr.P.C. given the attribution of injuries to him on deceased persons.
Whether there is parity between the petitioner and co-accused to justify bail.
3 provisions across 3 enactments
Simra Singh
State of Punjab
INDERJIT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
