High CourtsSingle Bench

Jaspal Singh @ Nikka vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 3 March 2021 · Citation: (2021) 03 P&H CK 0051

HON’BLE JUDGES
Harnaresh Singh Gill, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 307, 341, 395, 397, 379B
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 40858 Of 2020
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Judgment

20 paragraphs · 376 words

Harnaresh Singh Gill, J

Case is taken up for hearing through video conferencing.

The petitioner seeks regular bail in FIR No. 175 dated 17.8.2020 under Sections 341, 307, 395, 397, 379-B IPC registered at Police Station Canal

Colony, Bathinda, District Bathinda.

Learned counsel for the petitioner submits that the petitioner has not been named in the present FIR and has been falsely implicated in the present

case. Initially, the FIR was registered against unknown persons and later on, name of the petitioner was indicted in the present case on the basis of

supplementary statement of the complainant. Learned counsel further submits that the alleged injury is on the little finger of the left foot of the

complainant, which is on the non-vital part of the body and no specific role or injury has been attributed to the petitioner. He further submits that there

is a delay of two days in lodging the present FIR and the petitioner has been in custody since 20.8.2020. Learned counsel further submits that co-

accused Vijay Kumar and Mandeep Kumar have been granted regular bail by this Court vide orders dated 24.11.2020 and 01.12.2020, respectively

and co-accused Kulwinder Singh @ Kakku has been granted regular bail by the Additional Sessions Judge on 15.12.2020 and the case of the

petitioner is on similar footings.

Learned State counsel submits that though the injury is on the little finger of the left foot of the complainant yet the same has been declared grievous

in nature. He further submits that in the present case, challan was presented on 07.10.2020 and out of 17 prosecution witnesses, none has been

examined till date.

The petitioner has been in custody since 20.8.2020. Co-accused Mandeep Kumar and Vijay Kumar have already been granted regular bail by this

Court. In the present case, challan was presented on 07.10.2020 and out of 17 prosecution witnesses, none has been examined so far. The trial will

take time to conclude because of Covid-19 pandemic. No useful purpose would be served by keeping the petitioner behind the bars.

Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing

bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.