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2025 DAILYLAW 34582 (PNJ)

SUBHASH v. STATE OF HARYANA

CRM-M/14880/2025 · 2025-08-26

Jasjit Singh Bedi

body2025

Judgment text

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CRM-M-14880-2025 #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CRM-M-14880-2025 Date of Decision:-26.08.2025 Subash. ......Petitioner. Vs. State of Haryana. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Sandeep Kumar, Advocate for the Petitioner. Mr. T.P. Singh, Senior DAG Haryana. Mr. P.S. Jammu, Advocate for the complainant. *** JASJIT SINGH BEDI, J.(ORAL) The prayer in this second petition under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 is for the grant of regular bail to the petitioner in case FIR No.81 dated 03.06.2024 under Sections 506, 323 (325 and 307 later added on) of IPC registered at Police Station Baragudha, District Sirsa, Haryana. 2. The present FIR came to be registered at the instance of Vinod Kumar and reads as under:- “ Statement of Vinod Kumar son of Birbal resident of Chhatriya aged about 39 years Mob No 9813469330 stated that I am a resident of the above address and do farming. On 01.06.2024 at around 11 pm, I and my father had gone to our field in the village Chhattriya to irrigate the fields. We irrigate our fields with the tractor's watering can (burma). To irrigate my fields, I took my VINAY MAHAJAN 2025.08.27 10:58 I attest to the accuracy and integrity of this document CRM-M-14880-2025 #2# tractor near the canal which is about a hundred Killa away from my fields, So, i had parked it there for irrigating purposes then Subhash son of Gopi Ram resident of Chhatriya was also watering the fields with his tractor, when I started the Burma of my tractor to sprinkle water, then Subhash son of Gopi Ram resident of Chhatriya started saying that why are you sprinkling water. I said that it was my turn then Subhash in fit of rage hit me on the head with the iron rod that he was holding in his hand, which split my head, i shouted, being killed killed (mar diya mar diya). Subhash ran away with his tractor saying that today you got saved. next time I will kill you. Hearing this noise, my father who was sitting on the canal came running and after arranging for a vehicle, got me admitted in Baragudha. From there, the doctor referred me to the government hospital Sirsa. After that the doctor referred me to MAMC Agroha Where my treatment is going on. Subhash son of Gopi Ramresident of Chhatriya has inflicted these injuries and has threatened to kill me. Action be taken against him. Today you have came to me at MAMC Agroha and I am giving the statement in full consciousness. I have written my statement to you. You have heard and understand it. S/d Vinod.” 3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. As he is in custody since 18.08.2024 but only 02 of the 10 prosecution witnesses have been examined so far, the trial of the present case was not likely to be concluded anytime soon and therefore, he is entitled to the concession of bail. 4. On the other hand, the learned State counsel along with counsel for the complainant while referring to the reply dated 29.04.2025 contends VINAY MAHAJAN 2025.08.27 10:58 I attest to the accuracy and integrity of this document CRM-M-14880-2025 #3# that multiple injuries have been attributed to the petitioner on the person of the injured Vinod Kumar. Injury no.1 is a grievous injury on the left Temporo Parietal Region causing a fracture. The nature of the allegations levelled against the petitioner did not entitle him to the concession of bail. He however concedes that the petitioner is in custody since 18.08.2024 and that only 02 out of the 10 prosecution witnesses have been examined so far 5. I have heard the learned counsel for the parties. 6. As per the prosecution case the petitioner caused multiple injuries on the person of the complainant/injured Vinod Kumar. However, he is stated to be out of danger and is following his daily pursuits without suffering any permanent disability of any kind. The petitioner is in custody since 18.08.2024 but only 02 of the 10 prosecution witnesses have been examined so far. Therefore, the Trial of the present case is not likely to be concluded in the near future. In this situation the further incarceration of the petitioner is not required. 7. Thus without commenting on the merits of the case, the present petitions are allowed and the petitioner-Subash son of Sh. Gopi Ram is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned. 8. The petition stands disposed of. ( JASJIT SINGH BEDI ) JUDGE August 26, 2025 Vinay Whether speaking/reasoned Yes/No Whether reportable Yes/No VINAY MAHAJAN 2025.08.27 10:58 I attest to the accuracy and integrity of this document