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2013 DIGILAW 1705 (PNJ)

Shafi Ram v. State of Punjab

2013-12-18

NARESH KUMAR SANGHI

body2013
JUDGMENT Mr. Naresh Kumar Sanghi, J.:- Prayer in this petition is for grant of regular bail to the petitioners, namely, Shafi Ram and Rahela Ram, who have been booked for having committed the offences punishable under Sections 148, 201, 302, 336 and 511 read with Section 149, IPC, and Sections 25 and 27 of the Arms Act, in a case arising out of FIR No. 224, dated 8.12.2012, registered at Police Station, Guruharsahai, District Ferozepur. 2. Learned counsel contends that it is a case of version and cross-version; that from the perusal of the site-plan (Annexure A-1) it is very much clear that the quarrel had taken place in the fields of Tilak Raj, a co-accused of the petitioners; that from perusal of the FIR and the other material available on record, it is very much clear that the petitioners had not caused any injury on the person of Ajay Kumar (deceased); and that the petitioners are behind the bars from 8.12.2012. 3. Learned counsel for the State on instructions from HC Sukhdev Singh of Police Station, Guruharsahai, District Ferozepur, submits that according to the site plan (Annexure A-1) the quarrel had taken place in the fields of Tilak Raj, a co-accused of the petitioners. He further concedes that the petitioners had not caused the injuries on the person of the deceased. He further submits that petitioner Nos. 1 and 2, are behind the bars from 10.12.2012 and 25.2.2013 respectively. It has also been conceded that after completion of the investigation, the chargesheet (report under Section 173, Cr.P.C.) has already been submitted. 4. Learned counsel for the complainant though opposed the grant of bail to the petitioners, but could not justify his submissions. 5. I have heard learned counsel for the parties and gone through the material available on record. 6. Concededly the petitioners have not caused injuries to the deceased. It is a case of version and cross-version. The quarrel had allegedly taken place in the fields of Tilak Raj, a coaccused of the petitioner. Which party was aggressor, would be a moot point during trial. 7. Keeping in view the period of incarceration and the fact that after completion of the investigation, the charge-sheet (report under Section 173, Cr.P.C.) has already been submitted before the learned Court below, the present petition for grant of regular bail to the petitioners, Shafi Ram and Rahela Ram, is allowed. 7. Keeping in view the period of incarceration and the fact that after completion of the investigation, the charge-sheet (report under Section 173, Cr.P.C.) has already been submitted before the learned Court below, the present petition for grant of regular bail to the petitioners, Shafi Ram and Rahela Ram, is allowed. They are ordered to be released on bail during pendency of the trial of the present case, subject to their furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Ferozepur.