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2019 DIGILAW 913 (PNJ)

Sohan Singh v. State of Punjab

2019-03-25

MANOJ BAJAJ

body2019
JUDGMENT Mr. Manoj Bajaj, J. (Oral):- Petitioner Sohan Singh has filed the present petition under Section 439 Cr.P.C. for grant of regular bail pending trial in case FIR No.239 dated 15.10.2018, under Sections 307, 336, 506, 148 and 149 IPC and under Sections 25/27 of the Arms Act, 1959, registered at Police Station Kotwali, City Faridkot, District Faridkot. The petitioner is in custody since his arrest on 18.10.2018. 2. The FIR was recorded on the basis of statement given by Angel Khosa d/o Satinderpal Singh Khosa, wherein it was alleged that on the date of occurrence at about 7 PM when the complainant and her aunt Rupinder Kaur were walking in the street in front of the house of her parents, then Sohan Singh (petitioner) came there armed with double barrel gun. As per the allegations, a gun shot was fired by Sohan Singh, however, no injury was caused to the complainant or anyone else. Learned counsel contends that the said Sohan Singh is relative of Kuljit Kaur, neighbour of the complainant, with whom a dispute regarding erection of a wall was carrying on and a civil suit was filed by Kuljit Kaur against father of the complainant. 3. Learned counsel for the petitioner contends that the parties have already compromised the matter and the offence as alleged under Section 307 IPC is not made out as the gun was not aimed towards anyone. 4. On the other hand, learned State counsel assisted by ASI Gurdit Singh has opposed the bail application. However, learned counsel for the complainant does not dispute the factum of compromise arrived at between the parties. Challan in the case already stands filed on 15.12.2018. 5. Considering the above background as well as the fact that the petitioner is at the advanced age, no useful purpose would be served by detaining the petitioner in custody. Therefore, without commenting anything upon merits of the case, the petitioner, namely, Sohan Singh is admitted to regular bail subject to his furnishing the requisite bail bonds and surety bonds to the satisfaction of the trial Court. 6. The petition is allowed.