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2013 DIGILAW 951 (PNJ)

Pawan Sandhu v. State of Punjab

2013-07-29

K.C.Puri

body2013
JUDGMENT Mr. K.C. Puri, J.:- Petitioners Pawan Sandhu and Amandeep Sandhu have applied for grant of regular bail in FIR No. 6 dated 10.1.2013 under Sections 307, 450, 353, 186, 224, 225, 506, 294, 355, 440, 427, 148, 149 IPC and Sections 3, 5 of the Prevention of Damages to Public Property Act, registered at Police Station Naya Gaon, District SAS Nagar. 2. As per allegation of the prosecution, Sandeep Singh was arrested in FIR No. 4 dated 9.1.2013, Police Station Naya Gaon. In order to meet Sandeep Sandhu his mother - Pritpal Kaur, his father - Pawan Sandhu – applicant, his brother Amandeep Sandhu – applicant, Amit Kumar Saini, Preetik Thakur and their friends came and after meeting him gone outside. Thereafter, Sandeep Sandhu said that he wanted to urinate and there being no bathroom in the lock up of the police station, constable Sandeep Singh took him out of lock up. After coming out, he in prosecution of the scheme earlier hatched, fell down pretending to have become unconscious and the abovesaid persons came inside after opening the main door and they dealt Gandasi blows on the door. 15-20 persons armed with weapons came inside and took away Sandeep Singh. Complainant stopped them, whereupon Amit Kumar Saini dealt a blow with kirpan and he saved himself by tilting on one side and kirpan blow landed on the tree standing in the police station and kirpan fell on the ground. Thereafter, they put Sandeep in the Gypsy parked outside the police station but he was later on overpowered. Those persons started pelting stones at the police party and caused damage to the building. Some persons out of the aforesaid persons ran away on their vehicles and some were captured by the complainant with the help of fellow officials. However, Sandeep was apprehended. 3. Learned counsel for the petitioners has submitted that petitioners are in custody since 10.1.2013 and there is only one injury on Dharam Chand complainant, which is also complained of pain on the left shoulder. Preetik and Pritpal Kaur have been allowed the concession of bail. 4. Learned State counsel has opposed the prayer, but could not dispute the factual position given by counsel for the petitioners. 5. Preetik and Pritpal Kaur have been allowed the concession of bail. 4. Learned State counsel has opposed the prayer, but could not dispute the factual position given by counsel for the petitioners. 5. So, keeping in view the period of custody, both the petitioners – Pawan Sandhu and Amandeep Sandhu are directed to be released on bail to the satisfaction of the trial Court. ---------0.B.S.0------------ ——————————