Punjab-Haryana High Court
Ravail Singh @ Ravel Singh vs State Of Punjab on 6 September, 2023
Neutral Citation No:=2023:PHHC:117662
2023:PHHC:117662
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
205 CRM-M-43364-2023
Date of Decision:-06.09.2023
RAVAIL SINGH @ RAVEL SINGH ...Petitioner
Versus
STATE OF PUNJAB ...Respondent
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Harchand Singh Batth, Advocate
for the petitioner.
Mr. Rajiv Verma, DAG, Punjab.
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SANDEEP MOUDGIL, J. (Oral)
1. This second petition invoking the jurisdiction of this Court under
Section 439 Cr.P.C. has been moved with a prayer for grant of regular bail to
the petitioner in FIR No.165 dated 23.12.2022 registered under Sections 307,
323, 324, 326, 506, 201, 148 and 149 IPC at Police Station Verowal, District
Tarn Taran.
2. Learned counsel for the petitioner contends that the petitioner has
been falsely implicated in the present case. As per the allegations levelled
against him in the FIR, injuries have been attributed to the petitioner, which
are said to be dangerous to the life of the injured-complainant. He submits that
the complainant-injured is now living a normal life. Therefore, injury
attributed to the petitioner is not severe to term it to be dangerous to life and
adding of offence under Section 307 IPC shall not be made out qua him. He
further submits that investigation is complete and challan has been presented.
3. Custody certificate has been produced by learned State counsel,
which is taken on record. Copy of the same has been furnished to the learned
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counsel for the petitioner.
4. Be that as it may, having perused the medical legal report dated
17.12.2022 prepared by the Board of Doctors, it does not suggest any external
injury on the body of the injured-complainant but has opined that injury No.1
and 2 are declared as dangerous to life, whereas injury No.3 has been held to
be grievous in nature, according to the opinion of the Doctors.
5. This Court is oblivious of the fact that there is no mentioning of
wound in the said report and accordingly the nature of any such injury qua the
size of such wound is not available, meaning thereby there is no external
wound available on the body of the injured-complainant, which makes the
story of the prosecution highly improbable, at least for considering the bail
application for grant of regular bail to the petitioner.
6. Perusal of the custody certificate further shows that there is no
other case pending against the petitioner, which makes his credentials of clean
antecedents, who has already suffered 7 months and 20 days behind the bars.
Challan has already been filed on 07.06.2023, trial will take some time to
conclude and no custodial interrogation is required as nothing has been
recovered from the petitioner.
7. Looking into the totality of facts and the discussions made
hereinabove, this Court is of the firm view that no useful purpose would be
served by keeping the petitioner behind the bars for uncertain period as it
would violate the principle of right to speedy trial and expeditious disposal
under Article 21 of the 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. State of Uttar Pradesh & Anr. 2018(2) R.C.R.
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(Criminal) 131.
8. In the light of the above, the petitioner is directed to be released
on regular bail on his furnishing bail and surety bonds to the satisfaction of
the trial Court/Duty Magistrate, concerned.
9. The present petition is, hereby, allowed.
10. However, it is made clear that anything stated hereinabove shall
not be construed as an expression of opinion on the merits of the case.
06.09.2023 (SANDEEP MOUDGIL)
P.Bhatt JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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