Justice Sanghi allowed bail to two petitioners booked for offences under IPC and Arms Act. The State conceded injuries were simple and on non-vital parts, and the FIR was malicious
Petitioners Bachittar Singh and Sukhwinder Singh ordered to be released on bail during the pendency of the trial subject to furnishing of bail bonds.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CRM-M-18247-2014
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-18247-2014
Date of Decision: October 16, 2014
Bachittar Singh @ Sonu and another
...Petitioners
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Mr. Shilesh Gupta, Addl. AG, Punjab, for the respondent.
NARESH KUMAR SANGHI, J. (Oral)
PRASHANT KAPOOR 2014.10.17 13:51 I attest to the accuracy and authenticity of this document
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CRM-M-18247-2014
the alleged injured, Sukhpreet Singh, belonged to another village than that of the petitioners. Kuldeep Singh and Sukhpreet Singh visited the village of the petitioners and attempted to cause injuries by means of fire arms. The matter was reported to the police and they ( Kuldeep Singh and Sukhpreet Singh) were booked for having committed the offences punishable under Sections 148 and 336 read with Section 149, IPC, and Sections 25 and 27 of the Arms Act, in a case arising out of FIR No. 43, dated 4.5.2012, registered at Police Station, Rangar Nangal, District Gurdaspur. Learned counsel for the petitioners further submits that even if the whole case of the prosecution is taken at its face value, then also the ingredients of Section 307, IPC, are not attracted. Kuldeep Singh and Sukhpreet Singh suffered the simple injuries on their respective ankles, which were non-vital parts. It has also been contended that both the petitioners are behind the bars from 2.12.2013. He further contends that against petitioner No. 1, Bachittar Singh @ Sonu, four more cases had been registered, but he was released on bail in all the said cases. Similarly, two cases were registered against petitioner No. 2, Sukhwinder Singh @ Sukha and he was granted bail in those cases.
PRASHANT KAPOOR 2014.10.17 13:51 I attest to the accuracy and authenticity of this document
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CRM-M-18247-2014
Harinder Singh of Police Station, Rangar Nangal, District Gurdaspur, very fairly concedes the facts stated by the learned counsel for the petitioners with regard to receipt of simple injuries by both the injured on their non-vital parts. He further concedes that the petitioners are behind the bars from 2.12.2013 and in all other cases pending against the petitioners, they are on bail. He further concedes that the FIR was registered against the injured persons at the behest of the petitioners side for the commission of the offences punishable under Sections 148 and 336 read with Section 149, IPC and Sections 25 and 27 of the Arms Act. 4. After hearing learned counsel for the parties and taking into consideration the nature and number of injuries received by Kuldeep Singh and Sukhpreet Singh, the present petition is allowed. The petitioners, Bachittar Singh @ Sonu, and Sukhwinder Singh @ Sukha, sons of Davinder Singh, residents of village Choudhariwal, Tehsil Batala, District Gurdaspur, are ordered to be released on bail during the pendency of the trial of the present case, subject to furnishing of bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Trial Court, Gurdaspur.
October 16, 2014 Pkapoor
(NARESH KUMAR SANGHI) JUDGE
PRASHANT KAPOOR 2014.10.17 13:51 I attest to the accuracy and authenticity of this document
1 issue framed by the court
Whether the petitioners for bail under sections 148, 307 of IPC and Arms Act be granted regular bail.
Bachittar Singh @ Sonu
Sukhwinder Singh @ Sukha
State of Punjab
NARESH KUMAR SANGHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
