IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of decision: 18.10.2019
VARINDER SINGH @ LALLI … Petitioner
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
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)
sanjeev Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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