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Judgment
25 paragraphs · 482 wordsRaj Mohan Singh, J
Both the cases have been taken up for hearing through video conferencing.
Vide this common order, CRM-M No.1410 of 2021 and 1733 of 2021 are being decided. Since both the cases have arisen out of same FIR, therefore,
facts are being culled out from CRM-M No.1410 of 2021.
Petitioner(s) seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.43 dated 07.07.2020, registered under Sections 307, 458,
323, 324, 427, 148, 149 IPC at Police Station Bajakhana, District Faridkot (Sections 326 & 325 IPC were added later on).
The occurrence took place in the intervening night of 05/06.07.2020 at about 12.00 A.M., when main gate of the house of the complainant was
knocked by Vicky Singh and Harpreet Singh @ Billa. They entered the house of the complainant by scaling over the wall and then opened the main
gate thereby facilitating entry of Paramjit Kaur @ Pammi, her daughter Peetu Kaur, Kulbir Singh, Vicky Singh, Harpreet Singh @ Billa, Gora Singh,
Gurpreet Singh and Kala Singh @ Buta Singh in the house. Petitioner Ashok Singh @ Gora @ Ashok Kumar s/o Roshan Singh was armed with
kirpan. Petitioner-Manpreet Singh in CRM-M No.1733 of 2021 was also armed with kirpan.
The injuries attributed to the aforesaid accused are simple in nature. The injury on the right leg of Lovepreet Singh was found to be grievous in nature.
Total 11 injuries persons have been arrayed as accused in the FIR. Challan has been presented.
Learned State counsel however opposed the grant of regular bail on the ground that the accused were members of unlawful assembly. The accused
inflicted total 25 injuries on the person of the victims. Six injuries were found to be grievous in nature.
Co-accused Pappa Singh has already been granted regular bail by the High Court vide order dated 18.12.2020 passed in CRM-M No.41443 of 2020.
Co-accused Gurprit Singh @ Jhagdu has also been granted regular bail vide order dated15.12.2020 passed in CRM-M No.38015 of 2020. Co-accused
Kala Singh @ Buta Singh has also been granted regular bail vide order dated 05.01.2021 passed in CRM-M No.43080 of 2020. Co-accused Paramjit
Kaur @ Pammi Kaur and Jaspreet Kaur @ Pettu Kaur have also been granted anticipatory bail vide order dated 15.12.2020 passed in CRM-M
No.22764 of 2020 and CRM-M No.21991 of 2020 respectively.
Keeping in view the aforesaid situation and also in view of the situation arising out due to COVID-19 pandemic, I deem it appropriate to consider the
prayer for grant of regular bail without meaning anything on the merits of the case.
In view of above, both the petitions are allowed. Petitioners are ordered to be released on bail, subject to their furnishing adequate bail bonds/surety
bonds to the satisfaction of the trial Court/concerned Duty Magistrate.
Nothing expressed hereinabove would be construed tobe an expression of any opinion on merits of the case.
