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2014 DIGILAW 321 (PNJ)

Major Singh v. State of Punjab

2014-02-11

NARESH KUMAR SANGHI

body2014
JUDGMENT Mr. Naresh Kumar Sanghi, J.:- Prayer in this petition is for grant of regular bail to the petitioner, Major Singh, son of Dalip Singh, resident of Barkandi Road, Sri Muktsar Sahib, who has been booked for having committed the offences punishable under Sections 307 and 452 read with Section 34, IPC, and Sections 25 and 27 of the Arms Act, in a case arising out of FIR No. 163, dated 3.9.2013, registered at Police Station, City, Sri Muktsar Sahib. 2. Learned counsel contends that concededly the petitioner had not fired the shot; the gun from which the alleged shot was fired did not belong to the petitioner; the motive that the petitioner and his co-accused were following the girls has not been substantiated since the statement of any of the girls has not been recorded by the investigating agency; and that after completion of the investigation, the charge-sheet (report under Section 173, Cr.P.C.) has already been submitted. 3. Learned counsel for the State on instructions from ASI Pritam Singh of Police Station, City, Sri Muktsar Sahib, very fairly concedes that the petitioner is behind the bars from 6.9.2013; after completion of the investigation, the charge-sheet (report under Section 173, Cr.P.C.) has been submitted before the learned Court below; the petitioner had exhorted his co-accused, namely, Gurwinder Singh, to fire a shot; and that the statement of any of the girls has not been recorded by the prosecution. 4. Heard. 5. Keeping in view the totality of the facts and circumstances of the case and the period of incarceration suffered by the petitioner, the present petition is allowed. Petitioner-Major Singh, son of Dalip Singh, resident of Barkandi Road, Sri Muktsar Sahib, is ordered to be released on bail during the pendency of the trial of the present case subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Sri Muktsar Sahib. ---------0.B.S.0------------