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2014 DIGILAW 420 (PNJ)

Narinder Singh v. State of Punjab

2014-02-21

T.P.S.MANN

body2014
JUDGMENT Mr. T.P.S. Mann, J. (Oral):- Prayer made in the petition is for grant of regular bail to the petitioners during the pendency of the trial of the case arising out of FIR No.74, dated 17.5.2013, under Sections 302/ 307/ 336/ 324/ 148/149 IPC and 25/27 of the Arms Act, registered at Police Station Lopoke, District Amritsar. 2. Learned counsel for the petitioners submits that according to the prosecution, petitioner-Narinder Singh was armed with .12 bore rifle and fired at Kuldip Singh, the pellets of which hit him on his left thumb, whereas petitioner Nirmal Singh was armed with a kirpan and hit Amarjit Kaur on her body, but without specifying any part. Further, Mangal Singh and Jagtar Singh-petitioners, who were armed with kirpans and so also their several co-accused were not attributed any act of omission or commission. It is also submitted that this is a case of version and cross version. Initially, the aforementioned FIR was registered at the instance of the complainant party. Subsequently, cross-version was recorded against the complainant party for offences under Sections 302/307/324/336/148/149 IPC and 25/26 of the Arms Act. None of the petitioners had caused any injury to deceased Gurjinder Singh. It is further submitted that the petitioners are behind the bars since the month of May, 2013 and the trial of the case is likely to take a long time to conclude. Therefore, the petitioners may be released on bail. 3. However, learned State counsel has opposed the prayer made on behalf of the petitioners by submitting that the injury attributed to Nirmal Singh-petitioner to PW-Amarjit Kaur was declared grievous in nature and, accordingly, offence under Section 326 IPC stands added to the FIR. She, however, conceded that none of the petitioners caused any injury to deceased Gurjinder Singh. 4. Learned Senior counsel for the complainant has also vehemently opposed the prayer made on behalf of the petitioners by submitting that petitioner-Narinder Singh had used the firearm in the occurrence, as a result of which pellets had hit the left thumb of PWKuldip Singh. 5. Be that as it may, this Court is of the considered view that the petitioners deserve the concession of bail during the pendency of the trial of the case. 6. Resultantly, the petition is accepted. The petitioners are order to be released on bail on their furnishing bail bonds to the satisfaction of Chief Judicial Magistrate, Amritsar. 5. Be that as it may, this Court is of the considered view that the petitioners deserve the concession of bail during the pendency of the trial of the case. 6. Resultantly, the petition is accepted. The petitioners are order to be released on bail on their furnishing bail bonds to the satisfaction of Chief Judicial Magistrate, Amritsar. ---------0.B.S.0------------