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2014 DIGILAW 138 (PNJ)

Baljit Singh v. State of Punjab

2014-01-16

T.P.S.MANN

body2014
Mr. T.P.S. Mann, J.: (Oral) – The petitioners have filed the present petition under Section 439 Cr.P.C. praying for grant of regular bail during the pendency of the trial of the case. 2. It is a case of version and cross-version. To begin with FIR No. 74 dated 17.05.2013 under Sections 302/307/324/148/149 IPC and 25/27 of the Arms Act was registered on the basis of statement made by Mehtab Singh, co-accused of the petitioners. During the investigation of the same, police recorded the statement of Buta Singh and on its basis cross case under Sections 302/148/149 IPC and Sections 25/27 of the Arms Act was initiated vide DDR No.30 dated 18.05.2013 against the petitioners and others. 3. A perusal of DDR No.30 (Annexure P-1) reveals that though the petitioners were said to be present at the time of the occurrence and carrying Kirpan and Gandasi respectively yet no overt-act was attributed to them. Later on, the police recorded the statement of Major Singh who stated that he had received injuries in the occurrence at the hands of Baljit Singh-petitioner and others. The injury caused by Baljit Singh was on his right index finger and the adjoining finger. Further Gurbaj Singh-petitioner had raised a lalkara but no overt-act was attributed to him. 4. Harpal Singh and Saheb Singh, who also stood arraigned as accused in the FIR case have already been granted the concession of bail by a co-ordinate Bench of this Court on 29.11.2013 on the ground that though they were named therein but no overt-act was attributed to them. Similarly, Nirvail Singh, coaccused of the petitioners was not named in DDR No. 30 but was named by the injured after two days of the occurrence who also did not attribute any overt-act to him. Said Nirvail Singh has also been granted the concession of bail vide order dated 29.11.2013. 5. Admittedly, the injuries attributed to Baljit Singh-petitioner with a Kirpan on the fingers of right hand of Major Singh are simple in nature whereas petitioner Gurbaj Singh is attributed raising of a lalkara but had not caused any injury to anyone despite the fact that he was allegedly armed with a Gandasi. 6. The challan of the case has already been presented. The trial of the case is likely to take a long time. 6. The challan of the case has already been presented. The trial of the case is likely to take a long time. Under these circumstances, this Court is of the considered view that further confinement of the petitioners who are behind the bars since 23.05.2013 will serve no useful purpose. 7. Resultantly, the petition is accepted. Bail to the satisfaction of the Chief Judicial Magistrate, Amritsar.