Punjab and Haryana High Court Granted Bail Considering The Nature Of Injury

Punjab and Haryana High Court Granted Bail Considering The Nature Of Injury

Hon’ble Punjab and Haryana High Court considering the nature of injury and the fact that the case is triable by Magistrate, granted bail to the petitioner. Also held that as the completion of trial will take further more time hence there is no useful purpose would be served by keeping the petitioner in the jail.

BRIEF FACTS OF THE CASE

The petitioner is seeking bail under S 439 CrPC against FIR No. 0308 dated 20.11.2021, under Sections 452, 323, 324, 34 IPC, 1860, registered at Lambi District Police Station, Shri Muktsar Sahib.

The complainant, Mr. Rakesh kumar registered the FIR against the petitioner under the aforementioned provisions of the IPC. In the complaint, he stated that the alleged incident took place in the afternoon hours on 18.11.2021, when the petitioner, Bunty along with Seepa, Goli and Babbu having dandas in their hands entered his house and assaulted him and his nephew. After inflicting injuries on the complainant, assailants left his house. Subsequently, Rakesh went to Civil Hospital, Mandi Dabwali for treatment of his head injuries. Further, the complainant stated that he was beaten again by the assailants soon after his arrival from the hospital.

CONTENTION OF APPELLANT

Learned counsel for the Petitioner submitted that the FIR was lodged in November 2021 but the Police didn’t take action against the petitioner. He stated that as per the medical reports all injuries were minor. Further learned counsel contented that the petitioner is in jail since 16.03.2023 where all the offences are bailable in nature but the one under S. 452 IPC which relates to the house trespass after preparation of hurt, assault or wrongful restraint.

CONTENTION OF THE STATE

While providing the latest custody certificate of the petitioner, learned counsel for the state opposed the bail application. Meanwhile learned counsel has accepted the fact that the injuries inflicted upon the complainant are simple in nature and the petitioner is in jail from more than two months.

HON’BLE COURT OBSERVATIONS

The Hon’ble Bench of Justice Gurbir Singh observed that

“5. Keeping in view the custody of the petitioner and the fact that the case is triable by Magistrate and also the nature of injuries, this Court is of the view that since completion of trial will take a long time, no useful purpose would be served by keeping the petitioner behind bars for a long time.”

Further the Hon’ble Court without going into the merits of case allowed the petition for the bail and directed that the petitioner is to be released on regular bail.

Law points Involved

• -439 Cr.PC- Special powers of High Court or Court of Session regarding bail.
• 452 IPC- House-trespass after preparation for hurt, assault or wrongful restraint.
• 323 IPC- Punishment for voluntarily causing hurt.
• 324 IPC- Voluntarily causing hurt by dangerous weapons or means.
• 34 IPC- Acts done by several persons in furtherance of common intention.

CASE TITLE : Rajesh Kumar vs. State of Punjab

Case No. : CRM-M-22322-2023

Order date: June 08, 2023

Read The Judgment Here-