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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Rajbir Sehrawat, J.
Gurwinder Singh - Appellant
Versus
State Of Punjab - Respondent
CRM-M-5791 of 2019 (O&M)
Decided On : 25-03-2019
Bail - Criminal Law - The court granted bail to the petitioner under Section 439 Cr.P.C pending trial in a case involving multiple sections of the Indian Penal Code. The court considered the nature of injuries attributed to the petitioner and the stage of the trial, ultimately allowing the petition for bail.
Fact of the Case:
The petitioner filed a petition for bail under Section 439 Cr.P.C in a case involving charges under Sections 307, 452, 324, 325, 323, 506 IPC at Police Station Sirhind, District Fatehgarh Sahib. The petitioner claimed that the case against him was concocted and that he had been in custody since 01.09.2018 with no evidence led by the prosecution so far.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the petition for bail, considering the nature of injuries attributed to the petitioner and the stage of the trial.
Issues: The main issue was whether the petitioner should be granted bail pending trial, considering the nature of the injuries and the stage of the trial.
Ratio Decidendi: The court considered the nature of injuries attributed to the petitioner, noting that even if the prosecution's case was taken to be true, the injuries were either simple in nature or on non-vital parts. The court also took into account that no evidence had been led by the prosecution so far and that the petitioner was not required for any investigation purposes.
Final Decision: The court allowed the petition and ordered the release of the petitioner on bail upon furnishing bail bonds/sureties to the satisfaction of the trial Court/Duty Magistrate.
JUDGMENT
Rajbir Sehrawat, J. (Oral) - The present petition has been filed by the petitioner under Section 439 Cr.P.C for grant of bail pending trial in case FIR No. 115 dated 13.09.2018 registered under Sections 307, 452, 324, 325, 323, 506 IPC at Police Station Sirhind, District Fatehgarh Sahib.
2. Learned counsel for the petitioner submits that the case against the petitioner is concocted for malafide reasons. However, even if the case of the prosecution is taken to be true; still the injuries attributed to the petitioner are either simple in nature or are on non-vital part. It is further submitted by the petitioner that the petitioner is in custody since 01.09.2018. Challan has already been filed. Even the charge has been framed. However, no evidence has been led by the prosecution so far. In any case, the petitioner is not required for any investigation purposes. There is no other case against the petitioner.
3. On the other hand, learned counsel for the State, being instructed by ASI Harminder Singh, submits that the injury No.7 has been found to be grievous in nature. However, it is not disputed that the injuryNo.7 is also on arm. It is also not disputed that there is no other case against the petitioner and that the challan has been framed in the case but no evidence has been led so far.
4. In view of the above, but without commenting any further upon merits of the case, the present petition is allowed. It is ordered that the petitioner be released on bail on his furnishing bail bonds/ sureties to the satisfaction of the trial Court/ Duty Magistrate.
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