JUDGMENT : Gurvinder Singh Gill, J. FIR No. Dated Police Station Section/s 126 18.08.2022 Sadar Faridkot, District Faridkot 302, 308, 323 and 34 of Indian Penal Code (Charges framed under Sections 302, 307, 323 and 34 IPC) 2. The FIR was lodged at the instance of Gogi Singh alias Ghuggi alias Gora, wherein it alleged that on the day occurrence he went to Kala Sharma’s shop to buy milk and when he was on his way back his brother Sohan Singh also joined him. It is alleged that Harpal Singh along with his son Beant Singh, Satpal Singh and Amarjit Kaur were also coming on their ‘rehri’ (cart). Harpal Singh was pedaling the rehri. A tyre of rehri ran over complainant’s foot and on account of which he lodged his protest. However, Harpal Singh and other members of his family got furious and inflicted injuries to the complainant as well as to Sohan Singh. The injuries as attributed to the accused are described in the following manner in the FIR: “Then, Harpal Singh picked up Toki from the rehri, Beant Singh picked up bed arm from the rehri and Satpal Singh above stated picked up daang from the rehri and Amrit Kaur picked up stick from the rehri. Harpal Singh raised lalkara and said that do not spare them alive and Harpal Singh gave his armed blow of toki from its reverse side upon my left arm which hit on my left arm below the elbow. Meanwhile, my brother Sohan Singh came close to me to save me and suddenly Harpal Singh immediately gave a blow of armed toki upon my brother Sohan Singh on his head due to which he fell down and his head started bleeding. Then Beant Singh armed with bed rest gave a blow with full force and with an intention to kill me on my head which hit on the middle of my head. Then Satpal Singh above stated armed with dang gave a blown upon my head due to which I fell down. While I was lying down Amarjit Kaur gave stick blow a blown upon my face, which hit on my left cheek. Then Harpal Singh gave toki blow on my right hand whit hit on my finger of right hand. Then Beant Singh armed with bed arm gave a blow upon me which hit on my left side of stomach.” 3. While I was lying down Amarjit Kaur gave stick blow a blown upon my face, which hit on my left cheek. Then Harpal Singh gave toki blow on my right hand whit hit on my finger of right hand. Then Beant Singh armed with bed arm gave a blow upon me which hit on my left side of stomach.” 3. Learned counsel for the petitioner submits that it is the co-accused Harpal Singh, who is attributed the fatal injury with the ‘Toki’ whereas the other accused were either armed with sticks or with ‘bahi’ (wooden leg of a cot). It has been submitted that the other co-accused who were armed with sticks namely Amarjit Kaur and Satpal Singh and were not attributed fatal injuries have already been ordered to be released on bail vide order dated 02.04.2024 in passed in CRM-M-7821-2024 (Annexure P-2) and order dated 18.7.2024 passed in CRM-M-20662-2024 (Annexure P-3). 4. Learned counsel for the petitioner further submits that in any case even if all the allegations are taken to be correct, admittedly it is a case where the occurrence took place all of a sudden without there being any premeditation and, under these circumstances, at best the case would attract an offence under Section 304 Part I IPC. It has been submitted that the petitioner has been behind bars for a substantial period of about two years and has a clean record and, as such, he deserves the concession of bail. 5. Opposing the petition, learned State counsel submitted that since the petitioner is specifically named in the FIR, no case for grant of bail is made out. It has, however, been informed that the petitioner as on date has been behind bars since the last about 1 year and 11 months and has a clean record. 6. This Court has considered rival submissions addressed before this Court. 7. Admittedly, the petitioner is attributed injuries to the injured with wooden baton and is not attributed any injury to the deceased. The petitioner has been behind bars for a substantial period of about 1 year and 11 months and has a clean record. Identically situated co-accused have already been enlarged on bail. Under these circumstances, further detention of the petitioner will not serve any useful purpose. 8. The petitioner has been behind bars for a substantial period of about 1 year and 11 months and has a clean record. Identically situated co-accused have already been enlarged on bail. Under these circumstances, further detention of the petitioner will not serve any useful purpose. 8. The instant petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.