In a bail petition, the court observed that the petitioner was merely the driver and no specific overt act was attributed to him. The court allowed the petition ordering the petitioner's release on bail.
Release of the petitioner on bail upon furnishing a bond/surety to the satisfaction of the trial court.
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Cr.Misc. M 1072 of 2011 Date of decision: 19.9.2011
Raju Singh
petitioner
vs
State of Punjab
respondent
Present:Mr. PS Brar, Advocate. Mr.ARshvinder Singh, Addl.A.G.Pb Mr. GN Malik, Advocate.
M.M.S.BEDI, J.
The petitioner seeks the concession of regular bail in a case registered at the instance of Jaspal Singh alleging that non petitioner Gurcharan Singh and Iqbal Singh armed with fire arms, had made an attempt to plough the disputed land of the complainant. Gurcharan Singh and Iqbal Singh had alleged fired at Harbans Singh father of the complainant, resulting in his death. So far as the petitioner is concerned, except for the allegation that he had arrived on the spot driving the tractor carrying the above Gurcharan Singh and Iqbal Singh, no other overt act has been attributed to the petitioner.
Learned counsel for the petitioner submits that the petitioner is only a driver of the tractor and has not been attributed any specific overt act. Without expression of any opinion on merits of the case, it is sufficient to observe that it will be debatable during trial whether his conduct would be sufficient enough to form an opinion that he shared a common intention with his co-accused, who fired at the deceased. The petitioner has been in custody since 13.5.2011.
The petition is allowed and the petitioner is ordered to be released on bail on furnishing bail bond/ surety bond to the satisfaction of the trial court.
September 19 , 2011 (M.M.S.BEDI ) TSM JUDGE
Raju Singh
State of Punjab
M.M.S. BEDI
As recorded by the court registry
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