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Gurpal Singh and Others vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 3 March 2011 · Citation: (2011) 03 P&H CK 0462

HON’BLE JUDGES
Rajan Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 147, 148, 149, 302, 304
CASE NUMBER
Criminal Miscellaneous No. M-37403 of 2010
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Judgment

5 paragraphs · 217 words

Rajan Gupta, J.—This is a Petition u/s 439 Code of Criminal Procedure seeking regular bail in a case registered against the Petitioners under Sections 304, 302, 325, 324, 323, 147, 148 & 149 IPC at police station Kharar, District SAS Nagar (Mohali) vide FIR No. 118 dated 27.3.2010.

2.

Learned Counsel for the Petitioners contends that charge in this case has been framed u/s 304 IPC alongwith other offences. However, charge u/s 302 IPC has been dropped. He submits that no specific role is attributed to the Petitioners in the alleged occurrence and they are in custody since 2.4.2010. He further submits that before the trial court no prosecution witness has been examined.

3.

Learned State counsel has opposed the prayer for bail on the ground that allegations against the Petitioners are serious. He, however, on instructions from ASI Tarsem Singh, who is present in court, does not dispute the fact that trial is in progress and is at the stage of recording prosecution evidence.

4.

In view of the aforesaid contentions, period of incarceration of the Petitioners and the fact that trial of the case may take a long time to conclude, no useful purpose would be served by detaining the Petitioners in custody any longer. Bail to the satisfaction of CJM/Duty Magistrate, Kharar.

Disposed of.