CRM No. M-30503 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CRM No. M-30503 of 2009 (O&M)
Date of decision: 12.11.2009
Gurvinder Singh ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. A.S. Ahluwalia, Advocate, for the petitioner.
Mr. Shailesh Gupta, DAG, Punjab.
Rajan Gupta, J (oral).
This is a petition under Section 439 Cr.P.C. seeking regular
bail in a case registered against the petitioner under Sections 307, 452,
323 read with Section 34 IPC at Police Station Balianwali, vide FIR
No.43 dated 29th August, 2009.
Learned counsel for the petitioner has argued that the
petitioner has been in custody for almost two years. The only injury
attributed to him is on the right arm of the complainant with a blunt
weapon. Learned counsel submits that injury attracting offence under
Section 307 is attributed to Tara Singh, who has already been arrested
and is in custody.
Learned counsel for the State has opposed the prayer for
bail on the ground that the allegations against the petitioner are serious
in nature.
CRM No. M-30503 of 2009 2
Keeping in view the facts and circumstances of the case and
period of incarceration already undergone by the petitioner and the fact
that the injury under Section 307 IPC is not attributed to him, no useful
purpose will be served by detaining the petitioner in custody during the
pendency of the trial as the trial may take long time to conclude. So,
without expressing any opinion on the merits of the case, this petition is
allowed and the petitioner Gurvinder Singh is directed to be released on
bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate,
Bathinda.
(RAJAN GUPTA)
JUDGE
November 12, 2009
‘rajpal’