High CourtsSingle Bench

Shishpal vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 19 February 2021 · Citation: (2021) 02 P&H CK 0246

HON’BLE JUDGES
Gurvinder Singh Gill, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 148, 307, 323, 325, 341, 506
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 41344 Of 2020 (O&M)
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Judgment

15 paragraphs · 286 words

Gurvinder Singh Gill, J

1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered against him vide FIR No.228 dated 21.09.2020

at Police Station Sadar Rattia, Tehsil Rattia, District Fatehabad, under Sections 147, 148, 323, 341, 325, 307 & 506 IPC.

2.

As per the FIR lodged at the instance of Ashwani Kumar, the petitioner along with 7 other accused, who were accompanied by 4/5 other unknown

persons, caused injuries with sticks to the complainant and to his brother Anjani Kumar.

3.

Learned counsel for the petitioner has submitted that the instant FIR came to be lodged under some misunderstanding and that the complainant has

clarified on this aspect qua the petitioner by submitting an affidavit (Annexure A-1) to the effect that the petitioner was not present at the time of

incident and had not caused any injury.

4.

Although the learned State counsel has opposed the petition, but Mr. Ajit Kumar Sharma, learned counsel representing the complainant, has

categorically stated that the matter stands resolved amongst the complainant and the petitioner and that he has no objection for grant of bail to the

petitioner.

5.

Having regard to the fact that there appears to be some compromise between the petitioner and the complainant and while noticing that the

petitioner in any case has been behind bars since the last more than 4 months, further detention of the petitioner will not serve any useful purpose as

the conclusion of trial will take some time. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his

furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.