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2017 DIGILAW 163 (PNJ)

Jasbir Singh v. State of Punjab

2017-01-20

FATEH DEEP SINGH

body2017
JUDGMENT Mr. Fateh Deep Singh, J.:- This order shall dispose off the above detailed three regular bail applications. 2. The brief allegations in these regular bail applications under Section 439 Cr.P.C. are that on 07.05.2016 petitioners along with their co-accused in all numbering 08 armed with various weapons including firearm had assaulted Baljinder Singh and Baljit Singh. It is alleged that petitioner-Shaganpreet Singh had fired a shot at Baljit Singh which missed him and another fire shot hitting Baljinder Singh on the left side of his stomach, from the same weapon by Sukhwinder Singh @ Lalli shot hitting on the left side of the stomach of Baljinder Singh which injury is opined to be dangerous to life. 3. Learned counsel for the petitioners contended that the lone injury though by means of firearm could not be categorised to be dangerous to life and further contended that the petitioners are in custody since between seven to eight months and that the trial is not likely to be concluded in near future. 4. Though, on behalf of the learned State counsel as well as learned counsel for the complainant the bail applications are stoutly opposed on the ground that the fire shot had hit the victim and, thus, petitioners are not entitled to any relief. 5. Appreciating the submissions as reflected from the surgical note detailed in the medical records of Police file carries the wording “injury was grievous and dangerous to life also” is in itself suggestive that by no means much less any surgical note opined the gravity of the injury which could carry it within the ambit of Section 307 IPC, thus, a debatable issue has arisen. Together with the fact that the other injuries are simple in nature and that the trial is not likely to be concluded in near future and no useful purpose would be served by keeping the petitioners behind the bars, without adverting anything on the merits of the case, the present three applications for grant of regular bail are allowed. Petitioners be admitted to bail to the satisfaction of the trial Court.