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2012 DIGILAW 828 (PNJ)

Chetan Munjal v. State of UT Chandigarh

2012-07-03

MEHINDER SINGH SULLAR

body2012
JUDGMENT Mr. Mehinder Singh Sullar, J.: (Oral) - Petitioner Chetan Munjal has directed the instant application for the grant of regular bail, in a case registered against him alongwith his other coaccused, vide FIR No.247 dated 9.12.2011, on accusation of having committed the offences punishable under Sections 147, 148, 307, 324 and 506 read with Section 149 IPC by the police of Police Station Sector-3, Chandigarh, invoking the provisions of Section 439 Cr.PC. 2. Concisely, the facts of the prosecution case are that on 8.12.2011, complainant Amrinder Singh, Jeevanjot Singh and Amandeep Singh were sitting in their car. As soon as, they stopped their car at the Petrol Pump of Sector 10 at about 9.45 PM, in the meantime, the accused came there and got down from their car. They stated that since the complainant party has supported the PUSU Party in the election, so, they will teach them a lesson. According to the prosecution that accused Perry gave a danda blow on the right hand of the complainant, whereas Ravneet Sidhu, Bablu, Chetan Munjal (petitioner) and Aman Barnala gave sword blows on various parts of the body of Jeevanjot Singh, whereas the unknown boys gave danda blows to them. 3. Levelling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that all the accused caused injuries to the complainant party with their respective weapons. In the background of these allegations and in the wake of statement of complainant, the present case was registered against the accused in the manner indicated hereinabove. 4. Notice of the application was issued to the respondents. 5. After hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration over the entire matter, to my mind, the instant application for regular bail deserves to be accepted in this context. 6. As is evident from the record that the occurrence suddenly originated on account of election dispute between the parties, who are students. Under these circumstances, whether the offence punishable under section 307 IPC is made out or not, would be the moot point to be decided during the course of trial by the trial Court. 6. As is evident from the record that the occurrence suddenly originated on account of election dispute between the parties, who are students. Under these circumstances, whether the offence punishable under section 307 IPC is made out or not, would be the moot point to be decided during the course of trial by the trial Court. Moreover, the complainant and other injured witnesses have filed affidavits (Annexures P2 to P4), wherein it was stated that the petitioner was not present at the relevant time and is not involved in the present occurrence. Moreover, he was arrested on 10.2.2012. Since then, he is in judicial custody. The conclusion of trial would naturally take a long time. 7. In the light of aforesaid reasons, taking into consideration the totality of all facts and circumstances, emanating from the record, as described here-inabove and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the main case, the instant application for regular bail is accepted. The petitioner is ordered to be released on bail on his furnishing bail and surety bonds to the satisfaction of the trial Court. 8. Needless to mention that nothing observed, here-in-above, would reflect, in any manner, on merits during the trial of the main case, as the same has been so recorded for a limited purpose of deciding the present application in this relevant direction. ---------0.B.S.0------------