Gursharan Singh vs State Of Punjab

Hari Pal Verma, J

Prayer in the present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner, pending trial, in case FIR No.77 dated 17.07.2019 registered under Sections 323, 341, 506, 148, 149 of IPC (Sections 307, 326 and 201 of IPC added lateron) at Police Station City Morinda, District Rupnagar.

The allegation against the petitioner is that he along with other co-accused found in unlawful assembly and brutally assailed the complainant. Multiple injuries were suffered by the complainant on his head, face, arms and legs. He also sustained fractures on both bones of forearms etc.

Counsel for the petitioner submits that the petitioner is in custody since 03.01.2021. He has argued that the petitioner was not named in the FIR. It is after his arrest, the petitioner was identified by the complainant and stated that the petitioner has given injuries on his person with sharp edged weapon while he fell on the ground. He has relied upon the order dated 10.03.2021 passed by this Court in CRM-M-9843-2021 titled as Satvir Singh Versus State of Punjab, whereby the similarly placed co-accused has been admitted on bail.

Learned State counsel has not disputed the custody and the fact that the co-accused Satvir Singh has been admitted on bail by this Court.

I have heard learned counsel for the parties.

Considering the fact the petitioner is in custody since 03.01.2021, challan has been presented qua the petitioner and trial in the case will take long time as investigation for other co-accused is still pending, coupled with the fact that the co-accused Satvir Singh has been admitted on bail, this Court deems it appropriate to admit the petitioner on bail.

Accordingly, the present petition is allowed and the petitioner is admitted on regular bail subject to his furnishing bail bonds/surety bonds to the satisfaction of trial Court/Duty Magistrate.

The observations made hereinabove shall not be construed as an expression on the merits of the case and the trial court shall decide the case on the basis of available material.