Research › Search › Judgment

Punjab High Court · body

2012 DIGILAW 835 (PNJ)

Amritpal Singh @ Ronaldo @ Soni v. State of Punjab

2012-07-03

MEHINDER SINGH SULLAR

body2012
JUDGMENT Mr. Mehinder Singh Sullar, J.: (Oral) - Petitioner Amritpal Singh @ Ronaldo @ Soni son of Sukhdev Singh has applied for the grant of regular bail, in a case registered against him alongwith his other co-accused, namely, Sukhwinder Singh alias Sikandri and Naresh Kumar alias Baggi, vide FIR No.30 dated 10.5.2010, on accusation of having committed the offence punishable under section 302 read with section 34 IPC by the police of Police Station City Jagraon, Distt. Ludhiana, invoking the provisions of section 439 Cr.PC. 2. Concisely, the prosecution case is that on 9.5.2010, complainant Ram Kumar went to the shop of his son Gagandeep Goel, where he came to know that there is a gathering at Dharamshala in Dhuman Mohalla with regard to compromise in an earlier case registered under section 307 IPC and Gagandeep Goel has also gone there. In the wake of information, the complainant and his another son Bikramjit Goel reached the gate of Dharamshala at about 9 PM, where they saw that the arms of his son Gagandeep Goel had been caught hold of by Baggi and present petitioner, whereas main accused Sukhwinder Singh gave a blow of his Khanda straight on the head of Gagandeep Goel. On receipt of injury from Sukhwinder Singh, he felled on the ground. He was removed to the hospital, where he succumbed to his injury. The accused were stated to have fled away from the spot with their respective weapons. In the background of these allegations and on the basis of statement of the complainant, the present case was registered against the accused in the manner indicated hereinabove. 3. Notice of the application was issued to the State. 4. After hearing the learned counsel for the parties, going through the record with their valuable help and after considering the entire matter deeply, to my mind, the present application for regular bail deserves to be accepted in this regard. 5. As is evident from the record, that the main role is attributed to main accused Sukhwinder Singh, who is non-petitioner. The only allegation alleged against the petitioner is that he just caught hold of arms of Gagandeep Goel (deceased). No other role or specific part was attributed to the petitioner. He was empty handed. 5. As is evident from the record, that the main role is attributed to main accused Sukhwinder Singh, who is non-petitioner. The only allegation alleged against the petitioner is that he just caught hold of arms of Gagandeep Goel (deceased). No other role or specific part was attributed to the petitioner. He was empty handed. Under these circumstances, whether the provisions of common intention as contemplated under section 34 IPC are attributed or not would be the moot point to be decided during the course of trial by the trial Court. The petitioner did not participate in the commission of offence nor caused any injury to any one. He was arrested on 8.4.2011. Since then he is in judicial custody. The conclusion of trial will naturally take a long time. There is no history of previous involvement of petitioner in any other criminal case. 6. In the light of the aforesaid reasons 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 is hereby accepted. The petitioner is directed to be released on regular bail on his furnishing adequate bail and surety bonds to the satisfaction of trial Court. 7. 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------------