Judgment:
CRM-M-8338-2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8338-2014 Date of Decision: March 13, 2014 Bhag Singh and others ...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI Present: Mr. Jasdeep Singh Gill, Advocate, for the petitioners. Ms. Simsi Dhir Malhotra, DAG, Punjab, for the respondent. NARESH KUMAR SANGHI, J.
1. Prayer in this petition is for grant of regular bail to the petitioners, namely, Bhag Singh son of Tarlok Singh, resident of Village Chakwalia, Tehsil Patti, District Tarn Taran; Baj Singh son of Sajjan Singh, resident of Village Dubli, Tehsil Patti, District Tarn Taran; and Sukhchain Singh son of Mukhtiar Singh, resident of Garden Colony, Patti, District Tarn Taran, who have been booked for having committed the offences punishable under Sections 148, 120-B and 307 read with Section 149, IPC, and Sections 25 and 27 of the Arms Act, in a case arising out of FIR No.216, dated 4.11.2013, registered at Police Station, Patti, District Tarn Taran.
2. Learned counsel contends that it is a case of version and cross-version. He further contends that none of the person from the complainant side had received injury in spite of the allegations that the petitioners indiscriminately fired at them. Kapoor Prashant 2014.03.13 18:16 I attest to the accuracy of this order CRM-M-8338-2014 2 Rather the petitioners had received the firearm injuries. He further contends that petitioner Nos. 1 and 3, Bhag Singh and Sukhchain Singh, were admitted in the hospital on the day of occurrence and the medical reports clearly reveal that they had received injuries. He further contends that the petitioners are behind the bars from 5.11.2013. It has also been contended that no firearm was recovered from the petitioners after their arrest. After completing the investigation, the charge-sheet (report under Section 173, Cr.P.C.) has also been presented, therefore, further incarceration of the petitioners is not worth.
3. Learned counsel for the State on instructions from SI Gurbachan Singh of Police Station, Patti, District Tarn Taran, very fairly concedes that the petitioners are behind the bars from 5.11.2013; no weapon of offence was recovered from the petitioners; and that no one from the complainant side had received injuries. She has also submitted that petitioner Nos. 1 and 3 were medico-legally examined, but on inquiry it was found that the injuries on their persons were self-inflicted.
4. I have heard learned counsel for the parties and with their able assistance gone through the material available on record.
5. No one from the complainant side had received injuries, rather petitioner Nos. 1 and 3, Bhag Singh and Sukhchain Singh, had allegedly received injuries. After arrest of the petitioners, no weapon of offence was recovered from them. Kapoor Prashant 2014.03.13 18:16 I attest to the accuracy of this order CRM-M-8338-2014 3 They are behind the bars from 5.11.2013 and after completion of the investigation, the charge-sheet (report under Section 173(2), Cr.P.C.) has already been submitted before the learned Court below.
6. Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed. The petitioners, namely, Bhag Singh son of Tarlok Singh, resident of Village Chakwalia, Tehsil Patti, District Tarn Taran; Baj Singh son of Sajjan Singh, resident of Village Dubli, Tehsil Patti, District Tarn Taran; and Sukhchain Singh son of Mukhtiar Singh, resident of Garden Colony, Patti, District Tarn Taran, are ordered to be released on bail during the pendency of the trial of the present case, subject to their furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Tarn Taran. (NARESH KUMAR SANGHI) March 13, 2014 JUDGE Pkapoor Kapoor Prashant 2014.03.13 18:16 I attest to the accuracy of this order