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2006 DIGILAW 3731 (PNJ)

Jagwinderpal Singh Alias Rana v. State Of Punjab

2006-10-10

SATISH KUMAR MITTAL

body2006
Judgment 1. Petitioner Jagwinderpal Singh alias Rana has filed this petition under Sec.439 of the Code of Criminal Procedure for the grant of regular bail in case FIR No.79 dated 26.6.2005 registered at Police Station julkan, District Patiala, under Sections 302/341/147/148/149 IPC and 25/ 27/54/59 of the Arms Act. 2. I have heard counsel for the parties and gone through the contents of the FIR as well as the order dated 9.2.2006, passed by additional Sessions Judge, Patiala, whereby bail application of the petitioner has been dismissed. 3. In this case, it has been alleged that the petitioner and his coaccused chain Singh caught hold the deceased Kirpal Singh from arms whereas accused Harpreet Singh and Harpal Singh alias Goldy caught hold him from legs and threw the deceased on ground. Thereafter, accused pritpal Singh exhorted accused Gurmeet Singh to fire a shot. Consequently, he fired a shot from his 12 bore double barrel gun, which hit the deceased on his left chest. 4. Counsel for the petitioner contends that during the investigation, Chain Singh has been found innocent. Accused Pritpal Singh and Harpreet Singh have been granted regular bail by this Court in Crl. Misc. No.68489-M of 2005 and accused Harpal Singh alias Goldy has been granted regular bail by this Court in Crl. Misc. No.44186-M of 2006. He contends that undisputedly, the petitioner did not cause any injury to the deceased. The only allegation against him is that he caught hold the deceased from his arms. Thereafter, on the exhortation of Pritpal Singh, accused Gurmeet Singh fired a shot with his 12 bore double barrel gun, which hit the deceased on his chest and he died. Counsel for the petitioner submits that the petitioner is in custody since 4.7.2005 and the role attributed to accused Chain Singh, who has been found innocent, and the petitioner is exactly similar and the petitioner should also be granted bail. 5. The aforesaid factual position has not been disputed by the state Counsel. In view of the aforesaid facts and keeping in view the custody period of the petitioner, without expressing any opinion on the merits of the case, I deem it appropriate to grant him bail. Accordingly, the petitioner is ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of the trial court. Disposed of accordingly.