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Gagandeep Singh and Another vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 14 March 2011 · Citation: (2011) 03 P&H CK 0435

HON’BLE JUDGES
Alok Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 161 · Penal Code, 1860 (IPC) — Section 148, 149, 307, 324
RESULT
Allowed
CASE NUMBER
CRM-M No. 6343 of 2011 (O and M)
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Judgment

4 paragraphs · 290 words

Alok Singh, J.—This is an application seeking regular bail in case FIR No. 136 dated 20.10.2010, under Sections 307, 324, 148, 149 of Indian Penal Code, registered at Police Station Dhuri, District Sangrur.

2.

Learned Counsel for the Petitioners states that Petitioners were not named in the FIR, however, their names were disclosed in statement recorded u/s 161 of the Code of Criminal Procedure. Learned Counsel for the Petitioners has further argued that Petitioner No. 1 is said to have caused injury on the head of the injured with iron rod, while Petitioner No. 2 is said to have caused injury on the leg of the injured with iron rod. Learned Counsel for the Petitioners states that no injury was found during the medical examination of the injured on the head and injury on the leg of the injured was found to be simple in nature. Learned Counsel for the Petitioners has further argued that Petitioners are in judicial custody w.e.f. 27.10.2010 and trial may not be concluded in near future. Learned Counsel for the Petitioners while placing reliance on the judgment of the Apex Court in "State of Kerala v. Raneef 2011 (1) RCR 381", has argued that in the event of rejection of the bail application, period spent in the jail during the trial cannot be restored to the Petitioner-accused in the event of his acquittal.

3.

I find some force in the arguments of learned Counsel for the Petitioners. As per the Deputy Advocate General, Punjab, charges have not been framed as yet, so trial may take some time.

4.

Considering totality of the facts and circumstances of the case, present petition is allowed. Let Petitioners be released on bail to the satisfaction of the Trial Court.