Punjab-Haryana High Court
Balwinder Singh vs State Of Punjab on 10 March, 2014
Author: T.P.S.Mann
Bench: T.P.S.Mann
Crl. Misc. No. M-36628 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No.M-36628 of 2013
Date of decision: March 10, 2014
Balwinder Singh
.....Petitioner
VERSUS
State of Punjab
.....Respondent
CORAM: HON'BLE MR JUSTICE T.P.S.MANN
PRESENT: Mr Ramesh Sharma, Advocate
for the petitioner.
Mr Gurinderjit Singh, Deputy Advocate General, Punjab
T.P.S .MANN, J. (Oral):
Prayer made in the petition is for the grant of bail to the petitioner, during the pendency of the trial of the case, arising out of FIR 138 dated 25.10.2012 registered under Sections 458/459 IPC at Police Station Sadar, Phagwara.
According to the prosecution on the night intervening 24/25.10.2012 at about 11.30 PM, two persons with muffled faces entered the room where complainant Inderjit was putting up. One of them was having a kirpan, who gave blows with the same upon the mouth and left thumb of the complainant. He also collected cash amounting to Rs.2,000/- which the complainant was forced to take out from the pocket of his trouser. Besides, two mobile phones kept by the complainant were taken by the accused while leaving the spot.
Learned counsel for the petitioner submits that the petitioner is in custody since 5.12.2012. Till date, the prosecution has not examined any witness. Further, the petitioner was earlier involved in two cases i.e. FIR Sharma Parmeshwar Dutt 2014.03.11 14:20 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No. M-36628 of 2013 -2- No.31 dated 13.3.2010 under Section 394 IPC and FIR No.40 dated 7.4.2010 under Sections 399/402 IPC, both registered at Police Station Sadar, Phagwara, but in both the cases, the petitioner was acquitted. Further, there was one more criminal case in which the petitioner was falsely implicated. The said case was for offences under Sections 326/307/452 IPC but even the said case ended in the acquittal of the petitioner. He has produced photo copies of the judgments dated 30.4.2012 and 17.5.2012 passed by Additional Sessions Judge, Kapurthala acquitting him in FIR No. 31 dated 13.3.2010 and FIR No.40 dated 7.4.2010, respectively. Prayer has, accordingly, been made for the grant of bail to the petitioner.
Learned State counsel has opposed the prayer made on behalf of the petitioner by submitting that it was the petitioner, who had cut the left thumb of the complainant by giving a blow with the kirpan. Further, the two mobile phones in question were recovered at the instance of the present petitioner during the investigation of the case.
After obtaining instructions from ASI Amrik Singh, learned State counsel has confirmed the factum of the petitioner having been acquitted in the case under Sections 326/307/452 IPC.
Without commenting on the merits, lest it may prejudice the case of either party, this Court is of the considered view that the petitioner deserves the concession bail, during the pendency of the trial.
The present petition is, accordingly, accepted. Bail to the satisfaction of Chief Judicial Magistrate, Kapurthala.
(T.P.S.MANN)
March 10, 2014 JUDGE
Pds.
Sharma Parmeshwar Dutt
2014.03.11 14:20
I attest to the accuracy and
integrity of this document
Chandigarh