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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anupinder Singh Grewal, J.
Kuldeep Singh @ Babbu - Appellant
Versus
State Of Punjab - Respondent
CRM-M No. 11798 of 2021
Decided On : 07-07-2021
Bail - Criminal Law - Regular bail granted to petitioner accused under Sections 302, 324, 323, 148, 149 IPC - Petitioner in custody for over four years, suffering from kidney ailment, and trial likely to take time
Fact of the Case:
The petitioner sought regular bail in a case involving charges under Sections 302, 324, 323, 148, 149 IPC, where it was alleged that the petitioner had given a solitary kirch blow in the stomach of the deceased. The petitioner had been in custody for over four years and was suffering from a kidney ailment.
Finding of the Court:
The court, considering the petitioner's prolonged custody, health condition, and the likely delay in trial due to the Covid-19 pandemic, granted the concession of regular bail without expressing any opinion on the merits of the case.
Issues: The issues involved the petitioner's custody, health condition, and the likely delay in the trial due to the Covid-19 pandemic.
Ratio Decidendi: The court's decision was influenced by the petitioner's prolonged custody, health condition, and the anticipated delay in the trial, leading to the grant of regular bail.
Final Decision: The court allowed the instant petition and ordered the petitioner to be released on regular bail upon furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
JUDGMENT
Anupinder Singh Grewal, J. - The petitioner is seeking regular bail in FIR No.10 dated 21.02.2017 under Sections 302, 324, 323, 148, 149 IPC (Sections 201 and 120- B IPC added later on), registered at Police Station Banur, District Patiala.
2. Learned counsel for the petitioner contends that it is alleged that the petitioner had given a solitary kirch blow in the stomach of the deceased. The alleged occurrence is a sudden fight and there is no previous enmity. He also contends that the petitioner is in custody for over four years since his arrest on 24.02.2017 and is suffering from a kidney ailment. He has referred to the copy of the report of the Senior Medical officer, Civil Hospital, Ropar dated 18.05.2021 wherein it is stated that the petitioner was admitted in Civil Hospital, Ropar in view of mild covid illness. He is also a known case of left ureteric calculus and is under regular follow-up at the Government Medical College and Hospital, Sector 32, Chandigarh.
3. Learned State counsel, upon instructions from ASI Mohinder Singh, states that ten prosecution witnesses have been examined and five PWs remained to be examined. He has filed status report by way of an affidavit of Deputy Superintendent, District Jail Rupnagar wherein the medical report with regard to ailment of the petitioner has been attached. It is mentioned therein that the petitioner is suffering from K/C/O/Left Ureteric Calculus, causing mild proximal hydro ureteronephrosis for which he was referred to GMCH-32, Chandigarh.
4. Heard through video conferencing.
5. In view of the above especially when the petitioner is in custody for over four years and four months, he is unwell, the Covid-19 pandemic and the conclusion of the trial is likely to take some time, I deem it a fit case to grant the concession of regular bail to the petitioner.
6. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
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