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2019 Supreme(P&H) 617

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
Hon’ble Mrs. Justice Daya Chaudhary
Criminal Misc. No. M-5606 of 2018
Saun Singh v. State of Punjab
{Decided on 01/02/2019}

Advocates Appeared:Mr. A.S. Barnala, Advocate for the petitioner.
Mr. Amit Mehta, Sr. DAG, Punjab for the respondent -State.
Mr. Jaspreet Singh Cheema, Advocate for the complainant.

Headnote:Indian Penal Code, 1860, S.307 – Attempt to Murder – Bail – Petitioner is in custody from about last 19 months – All material witnesses have been examined – Application has been filed u/s 319 CrPC which may prolong the trial – Bail granted – Criminal Procedure Code, 1973, S.439. (Para 6)

JUDGMENT

Ms. Daya Chaudhary, J. (Oral) - The present petition has been filed by the petitioner under Section 439 Cr.P.C. for grant of regular bail to him in case FIR No.48 dated 08.06.2017 registered under Sections 323, 324, 341 read with Section 34 and Section 307 IPC, which was added later on, at Police Station Longowal, District Sangrur.

2. Learned counsel for the petitioner submits that it is a case of version and cross-version and it is to be seen as to which of the party was more aggressive. The petitioner is in custody since 08.07.2017. All the material witnesses including the complainant have been examined. Learned counsel further submits that now application under Section 319 Cr.P.C. has been moved by the prosecution and the trial may prolong. No purpose would be served by keeping the petitioner in custody.

3. Learned State counsel has not disputed the custody period as well as examination of all material witnesses.

4. Learned counsel for the complainant has opposed grant of regular bail to the petitioner.

5. Heard arguments of learned counsel for the parties and have also perused the contents of the FIR and other documents available on the file.

6. By considering the submissions made by learned counsel for the petitioner that the petitioner is in custody since 08.07.2017; all the material witnesses including the complainant have been examined; application under Section 319 Cr.P.C. has been moved, which may prolong the trial; no purpose would be served by keeping the petitioner in custody, the present petition is allowed and the petitioner (Saun Singh) is directed to be released on regular bail on furnishing bail/surety bonds to the satisfaction of the trial Court.


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