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2006 DIGILAW 1749 (PNJ)

Rachhpal Singh v. State Of Punjab

2006-04-26

BALDEV SINGH

body2006
Judgment Baldev Singh, J. 1. This petition has been filed under Sec.439 of the code of Criminal Procedure for granting bail to Rachhpal Singh alias pala and Tarsem Singh (petitioners) in case F. I. R. No.5 dated 7.1.2006 registered under Sections 323/ 341/ 308/ 325/ 506 read with Sec.34 of the Indian Penal Code (hereinafter referred to as the Code) at Police Station Tanda, District Hoshiarpur. 2. This case was registered on the statement of smt. Santosh Kaur wife of Karnail Singh (injured ). The occurrence took place on 6.1.2006 at about 2 P. M. Rachhpal Singh alias Pala and Tarsem Singh (petitioners) were armed with `dangs. Sarabjit 3. Singh alias Dibu co-accused (non-applicant) was armed with a sua and Kulwinder Singh co-accused (non-applicant) was armed with an iron rod. As per prosecution version, both the petitioners caught hold of Karnail Singh from his arms. Sarabjit Singh alias Dibu gave a suablow on his left leg. Kulwinder Singh gave a blow with the iron rod on his right arm. He then fell down on the ground. Both the petitioners gave two blows each on the right leg and and right back portion (pura) of Karnail Singh. The case was initially registered under Sections 323 and 341 read with section 34 of the Code. All the four accused were granted bail. 4. Then Sec.308 of the Code was added after about 20 days of the occurrence due to grievous nature of injuries Nos.2 and 3 caused by Sarabjit Singh and Kulwinder Singh with sua and iron rod. The petitioners have not been attributed the injuries which fall within the ambit of Sec.308 of the Code. In this occurrence, the petitioners also received injuries. It would be determined after evidence is received as to which of the two versions is correct. The petitioners are in custody since 17.3.2006. Investigation is still in progress and it would take time for presentation of the challan. In these circumstances, this petition is allowed and the petitioners are ordered to bed released on bail on their furnishing requisite bonds to the satisfaction of the Chief Judicial Magistrate/duty Magistrate, hoshiarpur.