Punjab-Haryana High Court
Arshdeep Singh @ Arsh vs State Of Punjab on 10 August, 2017
Author: A.B. Chaudhari
Bench: A.B. Chaudhari
CRM-M-13659 of 2017 1
213
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-13659 of 2017
Date of decision: August 10, 2017
Arshdeep Singh @ Arsh
.....Petitioner
Versus
State of Punjab
.....Respondent
CORAM: HON'BLE MR. JUSTICE A.B. CHAUDHARI
Present: Mr. R.S. Mamli, Advocate for the petitioner.
Mr. Ramandeep Sandhu, Sr. DAG Punjab.
****
A.B. CHAUDHARI, J (Oral)
Heard learned counsel for the rival parties. Petitioner seeks grant of regular bail in FIR No.64 dated 22.05.2016, under Sections 302, 148, 149, 120-B of Indian Penal Code, 1860 read with Sections 27, 54, 59 of Arms Act, 1959 and Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, registered at Police Station Sadar, Hoshiarpur, District Hoshiarpur.
The petitioner was arrested on 29.06.2016. The trial Court has observed as under in Para 9 of its order dated 31.03.2017:-
"9. No doubt in the statement of the complainant Davinder Singh, there is no direct attribution against the applicant to the extent that he also caused some injuries on the person of the deceased but there are allegations against the applicant that he was part of the group of boys who attacked and killed Manpreet Singh @ Manna.
1 of 2 ::: Downloaded on - 12-08-2017 16:19:14 ::: CRM-M-13659 of 2017 2 Therefore, at this stage, it cannot be said that no case is made out against the applicant under Section 302 IPC. xxxx"
It is thus, clear from the findings of the learned trial Court in paras No.4 and 5 of its order that there is no assault by the petitioner.
Looking to the role attributed to the petitioner, I am inclined to grant bail to the petitioner.
In that view of the matter, this petition is allowed. Petitioner shall be released on bail subject to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate concerned. Petitioner shall not tamper, influence and threaten the prosecution witnesses and complainant as well.
(A.B. CHAUDHARI) JUDGE August 10, 2017 mahavir Whether speaking/ reasoned: Yes/No Whether Reportable: Yes/No 2 of 2 ::: Downloaded on - 12-08-2017 16:19:15 :::