224.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-35697-2019
Date of decision: 18.10.2019

VARINDER SINGH @ LALLI … Petitioner

versus

STATE OF PUNJAB …. Respondent

CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
—-

Present: Mr. Preetinder S. Ahluwalia, Advocate,
for the petitioner.

Mr. Sukhbeer Singh, AAG, Punjab.

—-

HARI PAL VERMA, J.(Oral)

Prayer in the present petition filed under Section 439 Cr.P.C. is

for grant of regular bail to the petitioner, pending trial, in case FIR No.22

dated 07.02.2019 registered under Sections 302, Section354, Section323, Section34 of IPC at

Police Station Passiana, District Patiala.

Counsel for the petitioner has argued that there is no allegation

against the petitioner so far as the offence under Section 354 IPC is

concerned as the said allegation, if any, is against the co-accused Gurpreet

Singh. Similarly, the petitioner has not caused any injury on the person of

deceased-Baljit Singh as he has suffered only one injury i.e. lacerated

wound, size 6 cm x 1 cm x bone deep, present obliquely over the right side

of the head over parietal region, 1 cm from mid line and 16 cm above the

middle of the right eyebrow. Margins are irregular and contused. Even this

injury has been attributed to the co-accused Gurpreet Singh. The only

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allegation against the petitioner is that he has raised lalkara. He states that

the petitioner is in custody since 13.02.2019. Challan in the case has been

presented and even charge has been framed. The deceased died because of

single injury. After framing of the charge, the case has been fixed before the

trial Court for prosecution evidence on 11.09.2019 and 30.09.2019 and now

is fixed for 06.11.2019. On 11.09.2019 30.09.2019, no prosecution

witness was examined and in this manner, trial is likely to take sufficient

time.

Learned State counsel, on instructions from ASI Gurdeep

Singh, does not dispute the custody and the injury inflicted on the person of

the deceased-Baljit Singh. However, he states that the petitioner has

participated in the crime which led to the death of Baljit Singh and his role

has duly been described in the FIR.

I have heard counsel for the parties.

As per the PMR, there is only one injury on the person of

deceased and that injury has been attributed to the co-accused Gurpreet

Singh and the allegation for the offence under Section 354 IPC is also on

Gurpreet Singh. The petitioner is in custody since 13.02.2019 and on

11.09.2019 and 30.09.2019 when the case was fixed for prosecution

evidence, no prosecution witness was examined and in this manner, trial in

the case is not likely to be concluded in the near future.

Considering the fact that the petitioner is in custody since

13.02.2019 and trial in the case will take sufficient time, this Court deems it

appropriate to admit the petitioner on bail.

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Accordingly, the present petition is allowed and the petitioner

is admitted on regular bail subject to his furnishing bail bonds/surety bonds

to the satisfaction of trial Court.

The observations made hereinabove shall not be construed as an

expression on the merits of the case and the trial court shall decide the case

on the basis of available material.

(HARI PAL VERMA)
JUDGE
18.10.2019
sanjeev Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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