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Harpritpal Singh and Another v. State of Punjab

Punjab & Haryana HC9 Dec 2019CRM-M/49879/2019

Case brief

AI extract

What is this about?

The High Court granted regular bail to two petitioners accused of assaulting a woman with life threatening injuries. Noting the ten-month incarceration, simple nature of injuries, and discharge on life threat charges, the court held continued detention served no purpose.

What did the court decide?

Petitioners ordered to be released on regular bail subject to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Kapurthala.

Harpritpal Singh and Another Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2019)

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Criminal Misc. No. M-49879 of 2019 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Criminal Misc. No. M-49879 of 2019 (O&M) Date of decision : December 09, 2019

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Harpritpal Singh and another

....Petitioners

versus

State of Punjab

....Respondent

Coram: Hon'ble Mr. Justice Fateh Deep Singh

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Present : Mr. AGS Dhillon, Advocate, for the petitioners

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Ms. Sakshi Bakshi, AAG, Punjab for the State with ASI Amrit Pal Singh, PS Sultanpur Lodhi, Kapurthala

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Mr. Arihant Goyal, Advocate, for the complainant

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Fateh Deep Singh, J. (Oral)

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This is a co-joint regular bail application under Section 439 Cr.P.C. filed in case FIR No. 160 dated 12.6.2017 under Sections 323, 324, 307, 354, 506, 34 IPC, Police Station Sultanpur Lodhi, District Kapurthala which is first by petitioner Harpritpal Singh husband and second by petitioner Harjinder Singh father-in-law in a case lodged by complainant wife and daughter-in-law respectively

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DALBIR SINGH TIWANA 2019.12.12 15:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

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Criminal Misc. No. M-49879 of 2019 (O&M) -2-

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who are accused of assaulting her with life threatening injuries.

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Heard counsel for the parties and perused the records. The allegations of the complainant Ramandeep Kaur wife of petitioner no. 1 and daughter-in-law of petitioner no. 2 are that she was married to petitioner no. 1 in the year 2011 and out of which the couple gave birth to two daughters. It is alleged that inlaws were not happy as to the family status of the complainant and often quarrelled with her and gave beatings as they wanted to throw her out of her matrimonial home. On account of these disputes a number of Panchayats were held however accused did not desist from the same. It is alleged that on 10.6.2017 around night time while the husband and wife were fighting over a broken tap, the husband called the brother of the complainant and in the meanwhile assaulted the complainant which the husband-petitioner had done with the motive to make the brother of the complainant hear her shrieks and assaults on the phone. The couple while fighting came near the main gate. It is alleged that accused Harjinder Singh came armed with an iron strip whereas accused Paramjit Kaur mother-inlaw and sister-in-law came armed with sticks accompanied by Nirvail Singh their close relative who too was armed with stick. On raising of lalkara by Harjinder Singh to end this for all times, it is alleged that

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DALBIR SINGH TIWANA 2019.12.12 15:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

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Criminal Misc. No. M-49879 of 2019 (O&M) -3-

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accused father-in-law punched the complainant on the head, Rupinder Kaur sister-in-law and mother-in-law Paramjit Kaur tied the dupatta of the complainant around her neck and made efforts of strangulating her followed by another punch by the husband hitting on her mouth leading to the bleeding whereas Nirvail Singh gave blow with a stick on the back of the head while Harjinder Singh gave blows with an iron strip hitting on the wrist and elbow of left arm. Harjinder Singh dragged the complainant while she was lying on the floor from the hair while the co-accused assaulted her with their sticks and the husband gave a kick blow of a shoe on the right ankle. On her raising raula, the accused ran away. Upon registration of the case both the petitioners were arrested on 22.2.2019.

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Learned counsel for the petitioners inter-alia contends that while framing charges the trial court has only framed charges under Sections 323, 324, 354 and 506 read with Section 34 IPC whereas for offence under section 307 IPC, the accused stand discharged. It is contended that the petitioners are behind the bars for almost 10 months and the trial is not likely to be concluded in near future and the injuries have been declared to be simple in nature.

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DALBIR SINGH TIWANA 2019.12.12 15:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

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Criminal Misc. No. M-49879 of 2019 (O&M) -4-

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The learned State counsel contends that earlier the anticipatory bail application of the petitioners along with that of accused Rupinder Kaur was dismissed by this Court on 15.11.2018 and regular bail application of accused Harjinder Singh was withdrawn and dismissed on 5.9.2019 submitting that in view of the heinousness of the offence disentitles the petitioners to any relief.

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Appreciating the submissions, the petitioners are behind the bars since almost ten months. As is there in the records of the Investigating Agency, the doctor has opined the injuries to be simple in nature. Moreover, the trial court has discharged the accused for commission of offence under Section 307 IPC. Keeping in view this subsequent development, the fact that the applicability of offence under Section 307 IPC is subject to trial and in view of the period of incarceration together with the fact that the trial is not likely to be concluded in near future, no purpose will be served by retaining the petitioners in jail. Accordingly, they are ordered to be released on regular bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Kapurthala.

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The present petition stands disposed off accordingly.

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The observations made herein above shall have no bearing on the merits of the case as these are purely for the

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DALBIR SINGH TIWANA 2019.12.12 15:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

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Criminal Misc. No. M-49879 of 2019 (O&M)

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disposal of the present bail application.

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( Fateh Deep Singh ) December 09, 2019 Judge 'tiwana'

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Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No

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DALBIR SINGH TIWANA 2019.12.12 15:22 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Harpritpal Singh and Another v. State of Punjab

Case brief

What is this about?

What did the court decide?

Harpritpal Singh and Another v. State of Punjab

Case brief

What is this about?

What did the court decide?

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