High Court Punjab-Haryana High Court

Nipali vs State Of Punjab on 4 August, 2009

Punjab-Haryana High Court
Nipali vs State Of Punjab on 4 August, 2009
Crl. Misc. No. M-17065 of 2009                    1




IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH


                                Crl. Misc. No. M-17065 of 2009
                                Date of decision: August 4, 2009


Nipali                    -Petitioner

            Versus

State of Punjab                 -Respondent
Coram       Hon'ble Mr. Justice Rajan Gupta

Present:    Mr. SPS Sidhu, Advocate, for the petitioner.
            Mr. Shilesh Gupta, DAG, Punjab.

Rajan Gupta, J.(Oral)


Mr. Sidhu submits that the only injury attributed to petitioner is

a datar blow on the thumb of left hand of Surinder Kumar. According to

counsel, the injury caused by pistol, leading to inclusion of offence under

Section 307 IPC is attributed to Pushwinder Singh @ Noni.

Learned State counsel has opposed the prayer for bail on the

ground that the allegations against the petitioner are serious in nature.

Prima facie, from the FIR it appears that the only injury attributed to the

petitioner on the left thumb of the complainant is grievous in nature.

However, no injury attracting offence under Section 307 IPC appears to

have been attributed to the petitioner.

Keeping in view the facts and circumstances of the case, no

useful purpose would be served by detaining the petitioner in custody

during pendency of the trial as the trial may take a considerable time to
Crl. Misc. No. M-17065 of 2009 2

conclude. Without expressing any opinion on merits of the case, the

petitioner is directed to be enlarged on bail to the satisfaction of Chief

Judicial Magistrate, Jalandhar.

The petition stands disposed of.

[Rajan Gupta]
Judge
August 4, 2009.

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