Punjab-Haryana High Court
Dilbag Singh Alias Bagga vs State Of Punjab on 7 March, 2014
Author: Inderjit Singh
Bench: Inderjit Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No.M-2284 of 2014
Date of decision: March 07, 2014
Dilbag Singh alias Bagga
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr. Gopal Singh Nahel, Advocate,
for the petitioner.
Mr. Jaspreet Singh, Assistant Advocate General, Punjab,
for the respondent-State.
Mr. D.S.Malwai, Advocate,
for the complainant.
****
INDERJIT SINGH, J.
Petitioner Dilbag Singh alias Bagga has preferred this petition under Section 439 Cr.P.C., seeking regular bail in case FIR No.97 dated 22.12.2011 registered at Police Station Sandaur, District Sangrur, under Sections 308, 341, 323, 506, 148, 149 IPC (Section 308 IPC added lateron).
Learned counsel for the petitioner stated that the petitioner is in custody since 12.01.2012 and the offence under Section 308 IPC has been added lateron.
On the other hand, learned State counsel as well as learned counsel for complainant opposed the bail application.
I have heard learned counsel for the petitioner, learned State counsel as well as learned counsel for complainant and have gone through the record.
From the record, I find that the application for adding the Malhotra Mamta 2014.03.10 10:28 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc. No.M-2284 of 2014 -2- offence under Section 302 IPC is still pending before the trial Court. It is contended that the injured died after two months of the occurrence and the application for adding the offence under Section 302 IPC has been filed during the trial after two years of the death of injured. As the charge under Section 302 IPC has not been framed, so at this stage, the main offence is under Section 308 IPC. The injury on the head with reverse side of 'gandasa' is attributed to the petitioner. He is in custody for the last more than two years. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody till the disposal of the case.
Therefore, keeping in view the facts and circumstances of the present case and without discussing the facts of the case in minute details and without expressing any opinion on the merit of the case, the present petition is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate.
March 07, 2014 (INDERJIT SINGH)
mamta JUDGE
Malhotra Mamta
2014.03.10 10:28
I attest to the accuracy and
integrity of this document
Chandigarh