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Sukhwant Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 16 December 2010 · Citation: (2010) 12 P&H CK 0233

HON’BLE JUDGES
Jaswant Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 324, 326, 34, 452
RESULT
Allowed
CASE NUMBER
Criminal M. No. 33563-M of 2010
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Judgment

4 paragraphs · 220 words

Jaswant Singh, J.—Prayer u/s 439 Cr.P.C is for grant of regular bail in case FIR No. 81 dated 4.9.2010 under Sections 326/324/452/34 IPC, P.S Purana Shalla, Tehsil and District Gurdaspur.

2.

It is submitted that the Petitioner-accused and complainant Ajit Singh are real brothers residing in the same house but in different portions. Learned Counsel submits that out of the same occurrence, Petitioner has also lodged a cross version wherein it is stat4ed that other brother of the Petitioner-Mangal and their father Randhir Singh had suffered injuries. It is stated that the dispute is with regard to apportionment of the house. It is further submitted that the Petitioner is in custody since 4.10.2010 and the investigations are over.

3.

Learned state counsel, on instructions from HC Major Singh,concedes that the investigations are over and challan has been presented in this case. Without commenting upon merit of the case and taking into account the facts of the case besides the fact that dispute is between brothers and that the trial is likely to take sufficient time to conclude, I find that no useful purpose would be served by keeping the Petitioner in custody any longer.

4.

Accordingly, petition is allowed and the Petitioner is ordered to be released on bail to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Gurdaspur.