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2019 DIGILAW 2922 (PNJ)

Tejinder Singh @ Teja v. State of Punjab

2019-11-07

ANUPINDER SINGH GREWAL

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Judgment Mr. Anupinder Singh Grewal, J. (Oral):- CRM-33663-2019 This application has been filed for placing on record Annexures P-4 to P-9. For the reasons mentioned in the application, the same is allowed and Annexures P-4 to P-9 are taken on record. Main Case. 2. The petitioner is seeking regular bail in FIR No.18, dated 18.05.2012, under Sections 307, 326, 323, 148 and 149 of the Indian Penal Code (‘IPC’ - for short), registered at Police Station Pejowal, District Shaheed Bhagat Singh Nagar. 3. Learned counsel for the petitioner contends that the allegations in the FIR against the petitioner are that he tried to give a ‘kirpan’ blow on the head of the injured namely Ajay and Ajay while defending himself received injury on his right wrist. This injury was found to be grievous in nature. He further contends that the petitioner is in custody for over 06 years since his arrest on 22.08.2013. He also contends that the trial has been stayed on a petition preferred by the complainant challenging the order passed by the trial Court dismissing his application under Section 311 for re-examination of a witness. 4. Learned State counsel upon instructions from ASI Ram Singh states that the petitioner is also involved in several other cases and keeping in view the past record, he is not entitled to bail. He, however, does not controvert that the trial has been stayed upon a petition preferred by the complainant. Heard. 5. In view of the submissions of learned counsel for the petitioner especially when the petitioner is in custody for over 06 years, the injury which is attributed to him is on the non-vital part of the body of the injured 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.