Jagdeep Singh vs State Of Punjab

H.S. Grewal, J

This petition has been filed by the petitioner under Section 483 BNSS, 2023 (corresponding Section 439 Cr.P.C.) for grant of regular bail in case FIR No. 131 dated 29.09.2018 under Sections 307,326,452,148,149 IPC registered at Police Station City Rampura, Bathinda.

The case of the prosecution is that the petitioner along with his co-accused armed with sword along with 5-6 unknown persons, entered the house of the complainant. The petitioner gave injury with sword on left arm of the complainant and Jasdeep Singh @ Nikka also gave injuries on the left arm to the complainant-Sanjay Kumar. Then Gosa also gave sword blow on the right hand and Gunni gave blunt blow of sword on right thigh of the complainant. Injury No.1 attributed to the petitioner was found to be grievous in nature.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He further submits that the petitioner was earlier granted the concession of regular bail vide order dated 23.05.2019 in CRM-M-22603-2019. However, the petitioner remained absent during the trial due to the registration of another FIR No. 159, and consequently, the learned trial Court cancelled his bail bonds and declared him a proclaimed offender. The petitioner is in custody since 17.05.2024 and prays for grant of regular bail, as the trial is likely to take a considerable amount of time.

Notice of motion.

Mr. P.S.Pandher, Assistant A.G.Punjab accepts notice on behalf of the respondent-State. He has vehemently opposed the prayer for grant of regular bail to the petitioner on the ground that the allegations against the petitioner are serious in nature.

I have heard the learned counsel for the parties and perused the record.

In view of the above submissions of learned counsel for the parties and keeping in view the fact that earlier the petitioner was granted concession of regular bail; the petitioner is in custody since 17.05.2024 and that the trial is likely to take a long time, this Court deems it fit to grant the concession of regular bail to the petitioner during the pendency of the trial as the continuous detention of the petitioner would not serve the ends of justice.

Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

Nothing discussed hereinabove shall be construed as an expression of opinion on the merits of the case.

It is clarified that if while on bail so granted through the instant order, the petitioner is found indulged in any other criminal case/activity, it shall be open to the State to seek cancellation of his bail.