Crl. Misc. No. M-8699 of 2011 1 v. State of Punjab

CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. D.B. Singh, Advocate for the petitioner. Mr. Shailesh Gupta, Deputy Advocate General, Punjab. Mr. S.S. Majithia, Advocate for the complainant. Rajan Gupta, J. (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Sections 307, 452, 506, 148 and 149 IPC at Police Station Division No.2, Ludhiana, vide FIR No.107 dated 23rd July, 2010. Learned counsel for the petitioner has argued that petitioner is in custody since 28th November, 2010 and only allegation against him is that he threw brickbats at daughter-in-law, son and husband of the complainant. He submits that injury attracting Section 307 IPC is not attributed to the petitioner. He further submits that trial will take long time to conclude, thus, no useful purpose will be served by detaining the petitioner in custody during the pendency of trial. Learned State counsel (on the instructions from Head Constable Malkeet Singh, who is present in court) has opposed the Crl. Misc. No. M-8699 of 2011 2 prayer for bail. He submits that the petitioner caused one grievous injury to Baba Baldev, husband of the complainant. Heard. It appears that injury attracting offence under Section 307 IPC is not attributed to the petitioner though he is alleged to have caused a grievous injury to one of the injured. For rest of the offences, he has been arraigned as an accused with the aid of Section 34 IPC. Keeping in view period of incarceration of the petitioner and the fact that investigation has been completed and trial may take long time to conclude, I am of the considered view that petitioner is entitled to be enlarged on bail. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Ludhiana.

6.5.2011 'rajpal' (RAJAN GUPTA) JUDGE