High CourtsSingle Bench

Kewal Dass vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 25 August 2018 · Citation: (2018) 08 P&H CK 0283

HON’BLE JUDGES
SURINDER GUPTA, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439, 437(3) · Indian Penal Code, 1860 — Section 323, 326, 341, 506
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No.-21798 Of 2018
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Judgment

15 paragraphs · 264 words

The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.28 dated

23.02.2018 registered for offences punishable under Sections 341, 323, 506 of Indian Penal Code (for short, “IPCâ€) at Police Station Ghagga,

District Patiala. (Offence punishable under Section 326 IPC was added later on).

Heard.

The petitioner was arrested on 16.03.2018.

Learned State counsel submits that grievous injuries on the person of complainant-Nahar Singh caused with sharp edged weapon has been attributed

to petitioner. There are six accused in this case out of whom four are on bail and the case is still under investigation.

Without expressing any opinion on merits of the case and keeping in view the fact that completion of investigation, presentation of challan and then

conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Kewal Dass is ordered to be released on regular bail on

furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:-

(a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be

competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall

have to apply for bail afresh.

(c) He shall not leave the country without the previous permission of the Court.