Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-16652 of 2014 Date of decision: 05.06.2014 Gurdeep alias Bhinda ....Petitioners Versus State of Punjab ....Respondent Present: Mr.S.K.Bawa, Advocate for the petitioner.
Mr.K.S.
Pannu, Addl.
AG, Punjab.
S.S.SARON, J.
Heard learned counsel for the parties.
The petitioner seeks regular bail in a case registered against him on 02.09.2013 for the offences under Sections 307, 326, 324, 323, 506, 148 and 149; besides, Section 25 of the Arms Act.
The FIR had been registered on the complaint of Navjot Singh who has inter alia alleged that on 02.03.2013, the elder brother of the complainant namely Gurpreet Singh alias Gopi and his sister Pawandeep Kaur went to Nurmahal on a motorcycle to get medicine for the daughter of Pawandeep Kaur.
After getting medicine, the elder brother of the complainant namely Gurpreet Singh @ Gopi was coming to the village on a motorcycle.
The complainant and his friend Gurjeet Singh son of Kulvir Singh were following behind them.
When the brother and sister of the complainant namely Gurpreet Singh alias Gopi and Pawandeep Kaur reached the crossing of village Bhallowal at about 3.00 pm, one white colour Scorpio vehicle came there.
Amit Kaundal 2014.06.07 12:11 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-16652 of 2014 -2- The driver applied its brake and the Scorpio stopped.
Out of the Scorpio many person including Gurdeep Singh alias Bhinda- petitioner came out.
The assailants encircled the motorcycle of the brother of the complainant.
The petitioner fired from his pistol at his brother but it did not hit him.
In the meantime Rakesh Kumar alias Keshi with an intention to kill his brother gave three blows with his 'datar' on the head and other accused followed suit.
The role attributed to the petitioner is that he fired but admittedly no person was injured.
The pistol which the petitioner is stated to be carrying has been recovered.
The petitioner is in custody since 14.09.2013.
The charge in the case was framed on 17.02.2014.
No witness in the case has been examined so far.
The prosecution is to examine 19 witnesses.
The trial in the case is likely to take time.
Therefore, in the facts and circumstances of the case, it would be just and expedient if the petitioner is granted the concession of bail.
Accordingly, the criminal miscellaneous application is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Jalandhar, shall be released on bail.
(S.S.SARON) JUDGE0506.2014 A.Kaundal Amit Kaundal 2014.06.07 12:11 I attest to the accuracy and integrity of this document Chandigarh