IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-122 of 2009 (O&M)
Date of decision: 25.11.2009
Balwinder Pal alias Billa
.. Petitioner
v.
State of Punjab
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Yogesh Goel, Advocate for the petitioner.
Mr. Mehardeep Singh, Deputy Advocate General, Punjab.
..
Rajesh Bindal J.
Prayer in the petition is for grant of regular bail to the petitioner, who
was arrested on 3.10.2008. Initially, the FIR was registered under Sections
323/324/506/34 IPC. However, later on, offence under Section 307 IPC was also
added on 24.4.2008, as one of the injury was opined to be dangerous to life. The
injured was discharged from the hospital nearly a week after the incident. Out of
total 14 prosecution witnesses, the statements of ten have already been recorded
and it is a case of version and cross-version as even on the statement of wife of the
petitioner, cross-version case has been registered against the complainant in the
FIR and the other side has been charged to face trial under Section 326 IPC.
Considering the period of custody the petitioner has already
undergone and also that it is yet to be opined by the court as to whether offence
under Section 307 IPC or any other section was made out on the basis of evidence
on record, in my opinion, the petitioner deserves the concession of bail.
Accordingly, it is directed that pending trial the petitioner shall be released on bail
on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty
Magistrate, Ludhiana.
The petition stands disposed of.
(Rajesh Bindal)
Judge
25.11.2009
mk