Achhra Singh vs State Of Punjab
2023 Latest Caselaw 9011 P&H

                                                         Neutral Citation No:=2023:PHHC:081632




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CRA-S-1636-2023
                                                                2023:PHHC:081632

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                              CRA-S-1636-2023
                                              Date of decision : 06.06.2023

ACHHRA SINGH
                                                                   .....Appellant
                           VERSUS

STATE OF PUNJAB
                                                                 ....Respondent

CORAM:- HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:    Mr. Tanvir S.Grewal, Advocate
            for the appellant.

            Mr. Rajiv Verma, DAG, Punjab.

            Mr. Arshdeep Kler, Advocate
            for the complainant.

                   *****

SANDEEP MOUDGIL, J. (ORAL)

1. The jurisdiction of this Court under Section 439 Cr.P.C., has

been invoked for the grant of regular bail to the appellant in FIR No.64,

dated 22.03.2023, under Sections 307, 459, 323, 325, 506 & 34 of IPC,

Section 3 & 4 of Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act and Sections 25, 27, 29 & 30 of Arms Act, registered at

Police Station City-1 Sangrur, District Sangrur.

2. Learned counsel for the appellant has referred to the injury chart

as reproduced in para 7 of the 'Grounds of Appeal', which shows that all the

injuries have been given by blunt weapon i.e. weapon named as iron rod and

offence under Section 323 of IPC at best could be made out against the

appellant. It is the case of the appellant that the instant complaint was

lodged on the statement of one Darshan Kaur wife of Pargat Singh and on

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perusal of the said statement would only make it ample clear that whatsoever

attributions made are false, bald and without any cogent material. He,

therefore, prays for grant of concession of regular bail to the petitioner.

3. Learned counsel for the State, on the other hand, has produced

the custody certificate, which is taken on record, who contends for dismissal

of the present petition. He, on the basis of the medical record which is a part

of challan, informs the Court that injuries No.1 to 5 and 7 have been

declared as grievous in nature and injury No.6 has been declared as simple

in nature. He, however, prays for dismissal of the present petition.

4. Learned counsel for the complainant, at this stage, vehemently

contends that the appellant is involved in 40 other FIRs and has produced

certain photographs with the nature of injuries upon the person of the

complainant. He contends that the appellant's party entered into the house of

the complainant and gave multiple injuries to the complainant. He further

contends that the said altercation is actually result of matrimonial

relationship which is not acceptable to him appellant being maternal uncle

(Mama) as his niece who married to the son of the complainant, which is an

inter-caste marriage.

5. Be that as it may, considering the role attributed to the appellant

as well as the period of his custody i.e. 2 years, 10 months and 70 days, and

the facts that the investigation is complete, challan stands presented and

conclusion of trial shall take sufficient long time, further detention of the

appellant would not be justified, which would also violate the principle of

right to speedy trial and expeditious disposal under Article 21 of

Constitution of India, as has been time and again discussed by this Court,

while relying the judgment of the Apex Court passed in Dataram Singh vs.

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State of Uttar Pradesh & Anr. 2018(2) R.C.R. (Criminal) 131.

6. As far as the pendency of other cases and involvement of the

appellant in other cases is concerned, reliance can be placed upon the order

of this Court rendered in CRM-M-25914-2022 titled as "Baljinder Singh

alias Rock vs. State of Punjab" decided on 02.03.2023, wherein, while

referring Article 21 of the Constitution of India, this Court has held that no

doubt, at the time of granting bail, the criminal antecedents of the petitioner

are to be looked into but at the same time it is equally true that the

appreciation of evidence during the course of trial has to be looked into with

reference to the evidence in that case alone and not with respect to the

evidence in the other pending cases. In such eventuality, strict adherence to

the rule of denial of bail on account of pendency of other cases/convictions

in all probability would lend the appellant in a situation of denial the

concession of bail.

7. In view of above, the appellant is directed to be released on

regular bail on his furnishing personal and surety bonds to the satisfaction of

the learned trial Court/Duty Magistrate concerned.

8. The present appeal stands allowed in the afore-said terms.

9. However, it is made clear that anything stated hereinabove shall

not be construed as an expression of opinion on the merits of the case.

                                                  (SANDEEP MOUDGIL)
                                                        JUDGE
06.06.2023
Harish



             Whether speaking/reasoned                      Yes/No

             Whether reportable                             Yes/No


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