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2010 DIGILAW 1998 (PNJ)

Dharminder Pall alias Rinku v. State of Punjab

2010-07-08

SABINA

body2010
JUDGMENT Sabina, J.:-Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No.50 dated 18.03.2010, under Sections 302,34 of Indian Penal Code, Police Station Mukerian. 2. The prosecution case is that on 4th March, 2010, Sandip Kumar gave a stick blow on the head of Harbhajan Kaur and Hazara Singh gave a stick blow on the right knee of Harbhajan Kaur, Sheela Vanti tore the clothes of Harbhajan Kaur and Rinku came there with a stick and threatened Harbhajan Kaur. 3. Learned counsel for the petitioner has submitted that no injury is attributed to the petitioner. Petitioner has been falsely involved in this case. 4. Learned State counsel, who is assisted by learned counsel for the complainant, on the other hand, has opposed the petition. 5. Keeping in view the fact that the petitioner is in custody since 13.09.2010 and no injury is attributed to him, it would be just and expedient to release the petitioner on bail. Whether the petitioner had committed the alleged offence or not, would more appropriately be gone into and considered into during the trial. 6. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Hoshiarpur. ----------