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2010 DIGILAW 727 (PNJ)

Amarjit Singh alias Ginda v. State of Punjab

2010-01-29

S.S.SARON

body2010
JUDGMENT S.S. Saron, J.:- This order will dispose of Criminal Misc. No.M-35109 of 2009; Criminal Misc. No.M-114 of 2010; Criminal Misc. No.M-969 of 2010 and Criminal Misc. No.M-990 of 2010 filed by Amarjit Singh alias Ginda, Gurjit Singh and Mandeep Singh alias Gagu; Parminder Singh alias Mangi and Taranjit Singh alias Tarni respectively. 2. The petitioners in the respective petitions seek regular bail in the case registered against them for the offences under Sections 307, 323, 324, 148 and 149 Indian Penal Code (‘IPC’ – for short). 3. The FIR in the case has been registered on the statement of Bhupinder Singh, who has alleged that in their village annual tournament was held on 16.3.2009. The complainant-Bhupinder Singh and his father Amrik Singh were present in their house. At about 4.00 p.m., Amarjit Singh alias Minda (petitioner in Criminal Misc. No.M-35109 of 2009) called the complainant on telephone and asked him to come to the stadium as the Kabaddi match was going on. On his asking, the complainant went to the stadium. There Gagu alias Mandeep Singh (petitioner No.2 in Criminal Misc. No.M-114 of 2010) was carrying Kirpan, Sandeep (non-petitioner) was armed with Datar, Gurjit Singh alias Mau (petitioner No.1 in Criminal Misc. No.M-114 of 2010) armed with Kirpan, Sukha (non-petitioner) armed with datar, Jagga (non-petitioner) was carrying bricks. Sandeep (nonpetitioner) armed with Sota, Happy (non-petitioner) armed with baseball bat, Gurdev Singh (non-petitioner) empty handed, Hari Singh (nonpetitioner) empty handed, Sunny (non-petitioner) armed with baseball bat, Mani (non-petitioner) armed with Dang, Tarni alias Taranjit Singh (petitioner in Criminal Misc. No.M-990 of 2010) empty handed, Maggu (non-petitioner) armed with baseball bat, Mikka alias Ghuli (non-petitioner) armed with Datar, Bagga (non-petitioner) armed with Sota and Mangi alias Parminder Singh (petitioner in Criminal Misc. No.M-696 of 2010) armed with Sota were standing there. Then Mikka alias Ghuli started abusing the complainant. When he stopped him from doing so then Amarjit Singh alias Minda (petitioner) raised a ‘Lalkara’ saying that the complainant should be taught a lesson for asking for the reason for abusing. In the fight that ensued Amarjit Singh alias Minda (petitioner) gave a Datar blow with reverse side on the head of Bhupinder Singh which hit him on left side. Gurjit Singh alias Mau (petitioner No.1 in Criminal Misc. No.M-114 of 2010) was armed with Kirpan and Gagu alias Mandeep Singh (petitioner No.2 in Criminal Misc. In the fight that ensued Amarjit Singh alias Minda (petitioner) gave a Datar blow with reverse side on the head of Bhupinder Singh which hit him on left side. Gurjit Singh alias Mau (petitioner No.1 in Criminal Misc. No.M-114 of 2010) was armed with Kirpan and Gagu alias Mandeep Singh (petitioner No.2 in Criminal Misc. No.M-114 of 2010) was also armed with Kirpan. Mandeep Singh alias Gagu (petitioner) gave a Kirpan blow on the back right side of the head of Bhupinder Singh and Gurjit Singh alias Mau (petitioner) gave a Kirpan blow on the head on the right side. On the C.T. Scan Report (Annexure-P.1 in Criminal Misc. No.M-35109 of 2009) of Bhupinder Singh, the Medical Officer, Civil Hospital, Nakodar on 9.6.2009 declared that as per report injuries No. (1) to (5) regarding head to be simple in nature. The said opinion was given on the basis of the CT Scan report received from the Department of Radio-diagnosis and Imaging, Post- Graduate Institute of Medical Education and Research (PGIMER), Chandigarh. Parminder Singh alias Mangi (petitioner in Criminal Misc. No.M-969 of 2010) is stated to have beaten the complainant-Bhupinder Singh. Taranjit Singh alias Tarni (petitioner in Criminal Misc. No.M-990 of 2010) who was empty handed is also stated to have beaten the complainant. From the side of the petitioners, petitioner-Amarjit Singh and Mandeep Singh had also received injuries. Petitioner-Amarjit Singh alias Minda is in custody since 19.3.2009. Gurjit Singh alias Mau is in custody since 17.9.2009, Mandeep Singh alias Gagu is in custody since 21.3.2009, Parminder Singh alias Mangi is in custody since 23.9.2009 and Taranjit Singh alias Tarni is in custody since 14.9.2009. The other co-accused of the petitioners, namely, Sandeep, Amrik Singh alias Mikka, Gurdev Singh and Harpreet Singh alias Happy have been granted the concession of bail by this Court vide orders (Annexures-P.3 to P.6 in Criminal Misc. No.M-35109 of 2009). Besides, Gagu alias Amandeep Singh and Manni alias Manpreet Singh have been granted bail vide order dated 21.12.2009 (Annexure-P.7) in Criminal Misc. No.35109 of 2009) passed by the learned Additional Sessions Judge, Jalandhar. The charge in the case has not so far been framed. No.M-35109 of 2009). Besides, Gagu alias Amandeep Singh and Manni alias Manpreet Singh have been granted bail vide order dated 21.12.2009 (Annexure-P.7) in Criminal Misc. No.35109 of 2009) passed by the learned Additional Sessions Judge, Jalandhar. The charge in the case has not so far been framed. Keeping in view the nature of injuries attributed to the petitioners and the period they have been in custody as also the fact that the injuries on the person of the complainant-Bhupinder Singh have been opined to be simple in nature, the petitioners are entitled to the concession of bail. 4. Accordingly, the petitioners in the respective petitions on their furnishing personal bonds and surety each to the satisfaction of learned Chief Judicial Magistrate, Jalandhar shall be admitted to bail. The criminal miscellaneous petitions stand disposed of. --------------