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2015 DIGILAW 35 (PNJ)

Balwinder Singh v. State of Punjab

2015-01-08

MEHINDER SINGH SULLAR

body2015
JUDGMENT Mr. Mehinder Singh Sullar, J.(Oral) - The petitioner has preferred the instant petition for the grant of concession of regular bail, in a case registered against him along with his other co-accused, vide FIR No.247 dated 07.10.2014, on accusation of having committed the offences punishable under Sections 326, 324, 323, 506, 148 and 149 IPC, by the police of Police Station Sadar Samana, District Patiala. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and deep consideration of the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context. 4. Precisely, the prosecution, inter alia, claimed that on 06.10.2014, the petitioner and his other co-accused caused injuries to complainant-Pargat Singh, with their respective weapons. The petitioner was stated to have caused a single blow on his back with gandasa. No other specific role or particular part is attributed to him in the FIR. He did not repeat the injury. 5. Moreover, the petitioner was arrested in this case on 27.10.2014. Since then he is in judicial custody and no useful purpose would be served to further detain him in jail. There is no history of his previous involvement in any other criminal case. Otherwise also, all the offences alleged against the accused are triable by the Court of Magistrate. Even, since the prosecution has not yet submitted the final police report(challan) against the accused, so, the conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of the main case, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate, Patiala. Needless to mention that, nothing observed here-in-above, would reflect, on merits in the trial of the main case, in any manner, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. —————————