IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc No. M-14921 of 2009
Date of decision : 03.08.2009
Sukram Pal
....Petitioner
V/s
State of Haryana
....Respondent
BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. S.S. Narula, Advocate
for the petitioner.
Mr. Tarun Aggarwal, Sr. DAG Haryana.
RAJAN GUPTA J. (ORAL)
This is a petition for grant of regular bail in a case registered
against the petitioner under Sections 307/411/34 IPC and 27/54/59 of Arms
Act at police station Israna, District Panipat vide FIR No. 34 dated
08.03.2009.
Learned counsel for the petitioner submits that the complainant
has already been examined before the trial court. However, he has resiled
from his statement implicating the petitioner. Learned counsel further
submits that only allegation against the petitioner is that he caught hold of
the complainant, Moti Ram while the shot was fired by one Charan Singh.
However, Charan Singh is stated to be in custody. According to the
counsel, petitioner has undergone incarceration since 12.03.2009.
In view of the situation that the complainant is stated to have
resiled from the statement and the fact that injury attracting offence under
Section 307 IPC is not attributed to the petitioner, I feel the petitioner
deserves to be released on bail.
Crl. Misc No. M-14921 of 2009 -2-
However, without expressing any opinion on the merits of the
case and taking into consideration the fact that trial will take long time to
conclude, I deem it appropriate to grant regular bail to the petitioner.
Accordingly, the petition is allowed and he is ordered to be enlarged on bail
to the satisfaction of Chief Judicial Magistrate, Panipat.
03.08.2009 (RAJAN GUPTA) Ajay JUDGE