High CourtsSingle Bench(2011) 12 P&H CK 0079

Sukhjinder Singh @ Sonu vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 6 December 2011

HON’BLE JUDGES
L. N. Mittal, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. M-26416 of 2011

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Judgment

8 paragraphs · 249 words

L.N. Mittal, J.—Accused Sukhjinder Singh @ Sonu has filed this petition for regular bail in case FIR No.89 dated 15.07.2011, under Sections 323, 324, 326, 506 and 34 of the Indian Penal Code (in short - IPC), registered at Police Station Bhogpur, District Jalandhar.

2.

I have heard learned counsel for the parties and perused the case file.

3.

The petitioner allegedly inflicted kirpan blow on left wrist of the complainant resulting in grievous hurt.

4.

Counsel for the petitioner contended that the petitioner is in custody since 27.07.2011 i.e. for more than four months. Learned State counsel has no instructions as no police official has come to assist him.

5.

The case is triable by Magistrate. Trial is likely to take time. The petitioner is said to be in custody for more than four months. Grievous hurt with sharp weapon attributed to the petitioner is not on vital part being on left wrist of the complainant.

6.

In view of the aforesaid, without meaning to express any opinion on merits of the case, the instant bail petition is allowed.

7.

Bail to the satisfaction of learned Chief Judicial Magistrate/ Duty Magistrate, Jalandhar.

8.

A copy of this order be sent to Commissioner of Police, Jalandhar to take disciplinary action in accordance with law for failure of the concerned official to come present to assist the State counsel. The State shall be at liberty to apply for cancellation of bail, if the petitioner is not in custody since 27.07.2011.