Vikramjit Singh @ Bikramjit Singh v. State Of Punjab
2018-01-11
RAJ MOHAN SINGH
body2018
DigiLaw.ai
JUDGMENT Mr. Raj Mohan Singh, J.(Oral):- Petitioner seeks grant of regular bail under Section 439Cr.P.C in case bearing FIR No.194 dated 20.08.2017, registeredunder Sections 307, 379, 323, 324, 452, 506, 148, 149 IPC andSections 25, 27, 54, 59 of the Arms Act at Police Station Sadar,District Ludhiana. 2. FIR was registered on the statement of Amar Singhagainst Hirdaypal Singh and unknown persons. Complainant,his brother and his friend Harvinder Singh were present at thespot. Hirdaypal Singh armed with sword came along with 10/12unknown persons, who were also armed with deadly weaponslike rods and swords. They entered the shop and raised lalkara.Hirdaypal Singh gave a sword blow on the head of thecomplainant’s brother which landed at the back of his head.Unknown persons started inflicting injuries with their respectiveweapons. Brother of the complainant became unconscious andfell down on the floor. When the complainant tried to save him,Hirdaypal Singh gave sword blow on his head which waswarded off and the blow landed on the hand of the complainant.Other persons inflicted injuries on the person of the complainantand his friend Harvinder Singh. They also caused damage to theproperty and committed theft of Rs.70,000/- which was lying inthe cash counter box. Hirdaypal Singh also took out his revolverand gave threats. 3. Learned counsel for the petitioner submitted that AmarSingh and Mandeep Singh were admitted in hospital and werealso medico-legally examined. Supplementary statement ofMandeep Singh was recorded on the same day under Section161 Cr.P.C. in which complicity of the petitioner came to forethat he gave danda blow at the back of Mandeep Singh. 4. Learned counsel further submitted that as per MLR ofMandeep Singh, five injuries were found, out of which four werefound to have been inflicted with sharp edged weapon, whereasone injury was found to be inflicted with a blunt weapon. Theblunt injury was declared to be simple in nature. Regular bailhas been declined to the petitioner primarily on theconsideration of the case that he was involved in an unlawfulassembly. 5. Learned State counsel on instructions from ASI PreetPal Singh submitted that challan has already been presentedand the next date before the trial Court is 23.01.2018 for framingof charges. 6. At this stage, without adverting to the merits of thecase, since the petitioner is the author of simple injury and thetrial may take some time in its conclusion, I am of the view thatpetitioner can be enlarged on bail. 7.
6. At this stage, without adverting to the merits of thecase, since the petitioner is the author of simple injury and thetrial may take some time in its conclusion, I am of the view thatpetitioner can be enlarged on bail. 7. In view of above, petition is allowed. Petitioner isordered to be enlarged on bail, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of the trialCourt. 8. Nothing expressed hereinabove would be construed tobe an expression of any opinion on merits of the case.