Crl.Misc.No.M-13267 of 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.Misc.No.M-13267 of 2009.
Decided on August 17, 2009.
Manbir alias Manvir Singh Cheema
.. Petitioner
VERSUS
State of Punjab.
.. Respondent
***
CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI
PRESENT Mr.P.S.Hundal, Sr. Advocate, with
Mr.Dinesh Trehan, Advocate,
for the petitioner.
Mr.N.S.Pawar, Addl. A.G., Punjab,
for the respondent.
M.M.S. BEDI, J. (ORAL)
The petitioner seeks concession of bail pending trial
in a case registered at the instance of Bhagwant Singh, alleging that
on 02.04.2008, when he along with Deepinder Singh and Mandeep
Kumar reached in front of Bank of Punjab, Model Town, a Maruti Car
of white colour stopped in front of them in which 4-5 young boys
were sitting. The petitioner was sitting along with 12 bore gun
adjoining the set of the Driver. The petitioner is alleged to have fired
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Crl.Misc.No.M-13267 of 2009
at the complainant resulting in the breaking of panes of the Car. The
pallet fired with .12 bore gun is alleged to have hit him on the
backside of his head.
Earlier application filed by the petitioner was
dismissed on the ground that the trial was at initial stage and the
chances of tampering with the evidence were not ruled out. He was
given liberty to file a fresh petition after examination of injured-
complainant Bhagwant Singh.
It has been informed that despite number of
opportunities, the complainant has not appeared before the trial
Court though four opportunities after framing of charge have been
given.
Taking into consideration, the conduct of the
complainant of having evaded appearance to depose on oath in the
Court despite four opportunities, in view of the fact that only simple
injuries had been received by the complainant and the period of
detention already suffered by him, he can be granted concession of
bail.
The petition is allowed and it is ordered that
petitioner will be released on bail to the satisfaction of the trial Court.
(M.M.S.BEDI)
JUDGE
August 17, 2009.
rka
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