Punjab-Haryana High Court
Shiv Kumar @ Kala & Anr vs State Of Haryana on 30 March, 2016
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM No.M-6456 of 2016 (O&M)
Date of decision : 30.03.2016
Shiv Kumar @ Kala and another ... Petitioners
Vs.
State of Haryana ... Respondent
CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.
Present: Mr. M.S. Khillan, Advocate for the petitioners.
Mr. Deepak K. Grewal, DAG, Haryana.
Mr. Nonish Kumar, Advocate for the complainant.
.....
TEJINDER SINGH DHINDSA, J.
Petitioners seek benefit of regular bail pending trial in case FIR No.367 dated 09.12.2015, under Sections 323/324/325/506/34 IPC (Section 326 IPC added later on), registered at Police Station Nissang, District Karnal.
The occurrence is stated to be of 06.12.2015. Complainant, Mohan Singh is stated to have suffered injuries at the hands of the present petitioners.
Initially, the FIR was registered under Sections 323/324/325/506/34 IPC. However, offence under Section 326 IPC was added subsequently.
On the last date of hearing i.e. on 26.02.2016, learned State counsel had been directed to produce the MLR in respect of injured, Mohan Singh.
Perusal of the MLR furnished by learned State counsel would reveal that injuries No.2, 4 and 8 have attracted offence under Section 326 1 of 2 ::: Downloaded on - 03-04-2016 00:04:57 ::: CRM No.M-6456 of 2016 (O&M) -2- IPC as per opinion recorded by the doctor and all these injuries are on non-vital parts of the body.
Petitioners were arrested on 18.12.2015. Investigation in the present case is complete and the challan has been presented.
Learned State counsel would apprise the Court that the charges have been framed on 18.03.2016. The trial, as such, would take time to conclude.
Without making any observations on the merits of the case, petitioners are held entitled to the benefit of bail.
Petition is allowed. Petitioners be enlarged on bail subject to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Karnal.
Disposed of.
30.03.2016 (TEJINDER SINGH DHINDSA)
harjeet JUDGE
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