A Three-Carter bench allowed four criminal miscellaneous petitions seeking bail for petitioners accused of assaulting the complainant. The court granted bail subject to joining investigation and not tampering with evidence.
Petitioners allowed bail subject to joining investigation and not tampering with evidence.
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Crl. Misc. No. M-24593 of 2011
[1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Date of Decision: November 16, 2011
Balwant Singh
…..Petitioner Vs.
State of Punjab
…..Respondent
Gora @ Gurpreet Singh and another
…..Petitioners
Vs.
State of Punjab
…..Respondent
Raj Singh
…..Petitioner
Vs.
State of Punjab
…..Respondent
Crl. Misc. No. M-24593 of 2011
[2]
Laddi @ Hardeep Singh
…..Petitioner
Vs.
State of Punjab
…..Respondent
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr.L.S. Sidhu, Advocate for the petitioners in all the cases.
Mr.Kirat Singh Sidhu, DAG, Punjab.
-.-
M.M.S. BEDI, J. (ORAL)
This order will dispose of four petitions bearing Crl. Misc. Nos. M-24593, M-25025, M-25568 and M-28175 of 2011 in a criminal case lodged at the instance of Amarjit Singh alleging that he has two shops at Moga Road. One show out of those shops was on rent with Kulwant Singh while the second shop was on rent with Karnail Singh. As both the shops were in dilapidated conditions, the complainant got both the shops vacated in February 2001 for repair. The complainant demolished both the shops and constructed new shops. Karnail Singh and Kulwant Singh, co-accused of the petitioners requested the complainant to let out those shops in their
Crl. Misc. No. M-24593 of 2011
[3]
favour but the complainant expressed his desire to run his business in the shops. On July 6, 2011 when complainant alongwith his grand son Jaswinder Singh was going on Moga Road, all the accused attacked the complainant after constituting an unlawful assembly. Manohar Singh armed with kirpan, Kulwant Singh armed with dang, Raj Singh armed with base ball bat, Laddi, Gora and Inderjit Singh sons of Manohar Singh, Harpreet Singh, Gurpreet Singh armed with base ball bat etc. had given injuries to the complainant. Main accused Manohar Singh has been attributed a kirpan blow on the wrist of Jaswinder Singh resulting in grievous injury. Main accused Karnail Singh and Kulwant Singh have been granted the concession of regular bail. Petitioner Raj Singh is attributed an injury with baseball bat on the back of the shoulder of the complainant. Petitioner Balwant Singh is attributed only a lalkara, petitioner Gora @ Gurpreet and Inderjit have been attributed injuries on the backside of the shoulder of the complainant. Similarly petitioner Laddi @ Hardeep Singh is attributed a baseball bat injury on the elbow of left arm of complainant.
Injuries attributed to all the petitioners are simple. They have already joined investigation as per the instructions of ASI Bhupinder Singh. It appears that it will be debatable during trial whether despite having received blows on the back from all the petitioners, there was only one injury noticed in the MLR of complainant-Amarjit Singh. It will also be a moot point whether all the family members have been roped in or they had actually participated in the incidence of assault.
Crl. Misc. No. M-24593 of 2011
[4]
In view of the above, the petitions are allowed and it is ordered that in case of arrest of the petitioners, they will be released on bail to the satisfaction of the arresting officer subject to the conditions that they will join investigation as and when required by the police and that they will not tamper with the evidence or hamper the investigation in any manner.
November 16, 2011 (M.M.S.BEDI) sanjay JUDGE
1 issue framed by the court
Whether the petitioners seeking bail in criminal petitions alleging participation in an assault in a dispute over shops were entitled to bail.
Balwant Singh
Gora @ Gurpreet Singh and another
Raj Singh
Laddi @ Hardeep Singh
State of Punjab
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
