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Judgment
20 paragraphs · 359 wordsAvneesh Jhingan, J
The matter is taken up for hearing through video conference due to COVID-19 situation.
This is a petition seeking regular bail in case FIR No. 292, dated 24th November, 2020, under Sections 308, 323, 34 of the Indian Penal Code, 1860
(Section 307 IPC added later on) registered at Police Station Majitha, District Amritsar.
The FIR was at the instance of Inderjeet Singh son of Kultar Singh. It was stated that on 20th November, 2020 the complainant and his father had
opened their shop. They saw Manjit Singh Ghogad while cleaning his adjoining shop had dragged the entire garbage in front of the shop of the
complainant. When the complainant and his father objected, Manjit Singh, Amandeep Singh and Kulwinder Kaur gathered there. Kulwinder Kaur
raised a lalkara for teaching them a lesson. Manjit Singh took out the iron rod and attacked the complainant party. The father of the complainant was
pushed and he fell down on the ground. Manjit Singh gave an iron rod blow on the head of the father of the complainant, as a result, he became
unconscious. Amandeep Singh gave iron rod blows on the left bicep and chest of the complainant. The injury on the head was declared dangerous to
life.
Learned counsel for the petitioner submits that the petitioner is in custody since 17th December, 2020. The injuries attributed to the petitioner are
simple in nature. The investigation is complete and no recovery is to be made.
Learned State counsel opposes the grant of bail and submits that the petitioner had given iron rod blows to the complainant.
The dispute is between the neighbours with regard to throwing the garbage.
Considering the facts; that the injuries attributed to the petitioner are simple in nature; no recovery is to be made; investigation is complete and
conclusion of trial is likely to take time, the petitioner is granted bail subject to his furnishing surety bonds to the satisfaction of Chief Judicial
Magistrate/Duty Magistrate concerned.
The petition is allowed.
However, it is clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.