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2005 Supreme(P&H) 1191

2006 (1) LAW HERALD 0080 (P&H)
PUNJAB AND HARYANA HIGH COURT
M.M. AGGARWAL, J.
CRIMINAL MISC. NO. 59483 - M OF 2005
18.11.2005
Santokh Singh
Petitioner
Vs.
State of Punjab
Respondent

Advocates:
For the Petitioner:Mr. G.K. Mann, Advocate.
For the Respondent: Mr. Ramandeep Sandhu, DAG, Punjab.

Headnote:Criminal Procedure Code, 1973 - Section 439 - Indian Penal Code, 1860 - Section 323, 324, 325, 148, 149 - Section 304, 302, 308, 326 IPC were added later - Regular bail - Fatal injury was attributed to non applicant - Five persons had been named after delay of 14 days - Petitioner is stated to be in custody since March 2005 - Petitioner was ordered to be released on bail. (Paras 2 to 4)

       

ORDER

M.M. AGGARWAL, J.

1. Heard. Case is for the offence under Sections 302/304/323/ 324/ 325/148/149 IPC.

2. Deceased in this case is Harbhajan Singh. Occurrence took place on 13.2.2005. FIR was registered at the instance of Sukhraj Singh son of Harbhajan Singh. Harbhajan Singh died On 4.3.2005. There had been four injuries on the person of the deceased. Injury No. 2 which is fatal, was attributed to Karamjit non-applicant whereas injury No. 1 was attributed to Hira Singh and Injury No. 3 was attributed to Santokh Singh. This Hira Singh and Santokh Singh had been substantively charged for the offence under Sections 325/323 IPC whereas they had been also charged for the offence under Section 302/34 IPC. Cause of death was due to injury no. 2.

3. Present petitioner is stated to be in custody since March, 2005. Five persons had been named after delay of 14 days.

4. Without expressing any opinion on the merits of the case, it is directed that the petitioner shall be released on bail to the satisfaction of the trial court.



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