Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-20186 of 2014 Date of Decision : July 07, 2014 Amarjit Singh @ Amba .....Petitioner VERSUS State of Punjab .....Respondent CORAM: HON'BLE Mr.JUSTICE T.P.S.MANN Present : Ms.G.K.Mann, Advocate Mr.Navdeep Singh, Asstt.
A.G., Punjab T.P.S.MANN, J.
(Oral) Prayer made in the petition is for the grant of regular bail to the petitioner during the pendency of the trial of the case.
Learned counsel for the petitioner submits that as per the prosecution case, there was a party going on at Royal Garden Palace, Gandiwind as Kulwant Kaur wife of Mota Singh was elected as a Sarpanch of the village.
Complainant-Sahib Singh @ Sadha alongwith his brother Baj Singh, mother Sarwan Kaur and cousins Sukhdev Singh and Rajbir Singh @ Raju was present in the party and so were the petitioner and Harjinder Singh, who were in the police and being residents of the same village had also come to the party.
The petitioner and Harjinder Singh challenged Baj Singh for being stubborn after becoming a member of the Panchayat.
This was followed by exchange of hot words.
When the party was over and every one was in the process of leaving then Harjinder Singh raised a lalkara that a lesson be taught to the complainant party.
He took out two kirchs from his car and gave one of them to the petitioner.
With the CRM M-20186 of 2014 -2- kirch he was holding, Harjinder Singh gave a blow to Baj Singh, since deceased, hitting him on his left flank and another blow on the right side of the stomach.
The petitioner is said to have given a kirch blow to Rajbir Singh @ Raju, cousin of the complainant hitting him on his right flank and another blow on his left hip.
It is stated that though the injuries on Rajbir Singh @ Raju were declared dangerous to life yet he has since recovered from the impact of the injuries and is pursing his daily routines of life.
The petitioner is in custody since 24.7.2013.
After the presentation of the challan followed by commitment of the case, the trial Court has framed the charges against the petitioner and his Co.accused.
However, till date, no PW has been examined so far.
Prayer has, accordingly, been made for the grant of bail to the petitioner.
Learned State counsel has opposed the prayer made on behalf of the petitioner by submitting that the petitioner had given two blows with a kirch which hit Rajbir Singh @ Raju and those injuries were declared dangerous to life.
Without commenting on the merits, lest it may prejudice the case of either party, this Court is of the considered view that the petitioner deserves the concession of bail.
Resultantly, the petition is accepted.
Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Tarn Taran.
( T.P.S.MANN ) July 07, 2014 JUDGE ajay-1 Kumar-I Ajay 2014.07.09 22:29 I attest to the accuracy and integrity of this document Chandigarh