Gurmeet Singh @ Raju @ Raji vs State Of Punjab
2022 Latest Caselaw 14816 P&H

CRM-M-40362-2022 (O&M)                                              -1-


            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH
(226)
                                 CRM-M-40362-2022 (O&M)
                                 Date of decision: - 21.11.2022

Gurmeet Singh @ Raju @ Raji
                                                                  ....Petitioner

                                   Versus

State of Punjab
                                                                .....Respondent


CORAM : HON'BLE MR. JUSTICE VIKAS BAHL


Present:-     Mr. Naveen Bawa, Advocate, for the petitioner.

              Mr. Tarun Aggarwal, Sr. DAG, Punjab.

                   ****
VIKAS BAHL, J. (ORAL)

This is a petition under Section 439 Cr.P.C. to grant regular

bail to the petitioner in FIR No.72 dated 31.03.2022, registered under

Sections 307, 324 and 342 IPC, at Police Station Sarabha Nagar, District

Ludhiana.

Learned counsel for the petitioner has submitted that the

petitioner has been in custody since 01.04.2022 and the investigation is

complete and the challan has been presented and there are 13 prosecution

witnesses, none of whom have been examined, thus, the trial is likely to

take time. It is further submitted that a perusal of the FIR would show that

the petitioner and the complainant party were closely related and a dispute

had arisen in the heat of the moment. It is also stated that the complainant

as well as injured are now keeping good health and thus, has prayed that

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CRM-M-40362-2022 (O&M) -2-

the petitioner be released on regular bail.

Learned State counsel, on the other hand, has opposed the

present petition for regular bail and has submitted that the complainant

had suffered two injuries on the right hand and a reddish abrasion on the

neck also. It is further submitted that even the mother of the complainant

had suffered injuries including injury on the head. The other facts,

however, have not been disputed by learned State counsel.

Keeping in view of the above-said facts and circumstances,

more so, the fact that the petitioner is in custody since 01.04.2022 and

the investigation is complete and the challan has been presented and there

are 13 prosecution witnesses, none of whom have been examined, thus,

the trial is likely to take time and also the fact that the dispute is between

the family members and the complainant and the injured are keeping good

health, the present petition is allowed and the petitioner is ordered to be

released on bail on his furnishing bail / surety bonds to the satisfaction of

the concerned trial Court/ Duty Magistrate and subject to him not being

required in any other case.

However, it is made clear that in case, any act is done by the

petitioner to threaten or influence the complainant or any of the witnesses,

then it would be open to the State to move an application for cancellation

of bail granted to the petitioner.

Nothing stated above shall be construed as a final expression

of opinion on the merits of the case and the trial would proceed

independently of the observations made in the present case which are only

for the purpose of adjudicating the present bail petition.

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 CRM-M-40362-2022 (O&M)                                        -3-

Pending miscellaneous application, if any, stands disposed of

in view of the abovesaid judgment.

                                             ( VIKAS BAHL )
November 21, 2022                                 JUDGE
naresh.k

            Whether reasoned/speaking?              Yes/No
            Whether reportable?                     Yes/No




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