Judgment:
CRM-M-14093 of 2014 2 IN THE HIGH COURT OF PUNJAB AND HARYANA, AT CHANDIGARH CRM-M-14093 of 2014 Decided on : 14.05.2014 Jagtar Singh and another ..Petitioners Versus State of Punjab ..Respondent CORAM : HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA Present : Mr.PBS Goraya, Advocate for the petitioneRs.Mr.P.S.Grewal, DAG, Punjab.
Tejinder Singh Dhindsa, J.
(Oral) This order shall dispose of the present petition preferred under Section 439 of the Code of Criminal Procedure (for short -'Cr.P.C.) seeking benefit of regular bail to the petitioners in FIR No.43, dated 28.07.2012, under Sections 307, 324, 336, 427, 506, 148, 149 of the Indian Penal Code (for short-'IPC').and Sections 25, 27 of the Arms Act, registered at Police Station Sarai Amanat Khan, District Tarn Taran.
Learned counsel for the parties have been heard.
It is a case of version or cross-version.
Dispute as per allegations contained in the FIR is with regard to laying water pipes in the fields owned by the accused party.
It has gone un-rebutted that as per version of the complainant, even though the present petitioners were stated to be armed with a kahi (spade) and gaiti (agricultural instrument).still no injury has been attributed to them.
Co-accused, Inder Singh against whom also no injury has been attributed, has Kumar Sudhir 2014.05.16 12:12 I attest to the accuracy and integrity of this document chandigarh CRM-M-14093 of 2014 2 been granted bail by this court on 01.05.2014 in CRM-M13818of 2014.
Petitioner No.1 has been in custody since 23.11.2013 and petitioner No.2 has been in custody since 13.12.2013.
Learned State counsel, on instructions from SI-Daljit Singh would apprise this Court that investigation has been completed and the final report under Section 173, Cr.P.C.has been presented in the Court, but the trial is still at the initial stage.
Out of 16 prosecution witnesses cited, none has been examined till date.
In the totality of circumstances, this Court is of the considered view that the petitioners are entitled to the benefit of regular bail.
Petition is allowed.
Bail to the satisfaction of the trial Court.
Disposed of.
[ Tejinder Singh Dhindsa].Judge 14.05.2014 sd Kumar Sudhir 2014.05.16 12:12 I attest to the accuracy and integrity of this document chandigarh