Punjab-Haryana High Court
Gurinderjit Singh @ Goldy vs State Of Punjab on 22 February, 2018
Author: Sudhir Mittal
Bench: Sudhir Mittal
CRM-M-14452-2017 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
206 CRM-M-14452-2017
Date of Decision: February 22, 2018
Gurinderjit Singh @ Goldy
......Petitioner(s)
versus
State of Punjab
.....Respondent(s)
CORAM: HON'BLE MR.JUSTICE SUDHIR MITTAL
***
Present: Mr. Bipan Ghai, Sr. Advocate with
Mr. Suveer Sheokand, Advocate
for the petitioner.
Mr. Kirat Singh Sidhu, DAG, Punjab.
Mr. G.B.S Dhillon, Advocate
for the complainant.
***
Sudhir Mittal, J. (Oral)
Gurinderjit Singh @ Goldy seeks grant of regular bail in case FIR No.31, dated 09.02.2017, registered at PS Dugri, District Ludhiana, under Sections 307/506/427/148/149/120-B IPC read with Section 25 and 27 of the Arms Act, 1959.
2. According to prosecution, the petitioner and three others came to the shop of brother of the complainant and tried to kill him One of the co-accused fired a shot from pistol, which hit him in the left flenk and the petitioner has been attributed a Kirpan blow.
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3. Learned counsel for the petitioner has drawn the attention of the Court towards MLR reproduced in the order by the Sessions Court, wherein three injuries have been shown to have been inflicted in which one is bullet wound and the other two are bruise and lacerated wound, on the left side of the forehead and behind the left ear respectively. He contends that in case the petitioner had gone to the spot, with an intention to kill, such simple injuries would not have been present on the body of the injured especially when the petitioner is alleged to have been carrying a kirpan. He further, submits that the petitioner has been in custody since 18.12.2017 and that trial is likely to take long time to be completed.
4. Learned State counsel submits that serious crime has been committed and the petitioner was a member of unlawful assembly involved in the crime. He also submits that the petitioner has caused injury with the sharp side of the kirpan.
5. Learned counsel for the complainant has vehemently submitted that the petitioner and his co-accused are contract killers and they have been hired by Ravinder Verma, who has property dispute with the injured person and therefore, no leniency should be shown to the petitioner.
6. When the Court enquired from the learned State counsel regarding the other pending cases against the petitioner, he stated that there are no other cases pending against him though there are cases pending against Sukhpreet @ Sukha, who used the weapon.
7. It is not in dispute that the petitioner has been in custody for the last one year as is evident from the custody certificate dated 22.02.2018, issued by Sh. Manjit Singh Tiwana, PPS, Deputy Superintendent, Central Prison, Ludhiana, filed today in Court, which is taken on record. It is also not in dispute that the injury alleged to have been caused by the petitioner is simple in nature. The co-
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8. Keeping in view these facts as well as the fact that petitioner does not have any criminal antecedent, I deem it just and appropriate to order his release on regular bail. Accordingly, the petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail and surety bonds to the satisfaction of learned trial Court concerned at Ludhiana.
9. Petition stands disposed of.
10. Record of the trial Court is directed to be sent back forthwith.
February 22, 2018 [SUDHIR MITTAL]
sonia arora JUDGE
Whether speaking/reasoned : Yes
Whether Reportable : No
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