Bahadur Singh vs State Of Punjab

Daya Chaudhary, J.

Petitioner-Bahadur Singh has filed the present petition under Section 439 Cr.P.C for grant of regular bail to him in case FIR No.165 dated 22.11.2017 registered under Sections 307, 324, 323/34 IPC and Sections 25/27/54/59 of the Arms Act at Police Station Jaitu, District Faridkot.

Learned counsel for the petitioner submits that it is a case of version and cross version. Both the parties have received injuries. As per allegations in the FIR, the petitioner was alleged to be armed with revolver and he fired shot at injured Kharak Singh which hit him on his left scapula. Learned counsel also submits that co-accused of the petitioner has also received injuries at the instance of other side and cross version vide DDR No.30 was registered on the basis of statement made by co-accused of the petitioner, namely, Kuldeep Singh. Learned counsel further submits that the petitioner is in custody since 28.11.2017. The complainant and two eye witnesses have been examined and no useful purpose would be served by keeping the petitioner behind bars as material witnesses have been examined. The petitioner is not having a criminal background as there is no other case pending against him.

Learned State counsel has not disputed the custody period and recording the statement of the complainant and two eye witnesses. However, he has opposed the bail of the petitioner on the ground of seriousness of offence.

Similarly, learned counsel for the complainant has vehemently opposed the submissions made by learned counsel for the petitioner for grant of regular bail to the petitioner as it is a case of grievous injury with shot fire.

Heard the arguments of learned counsel for the parties and have also perused the contents of the FIR as well as other documents available on the file.

By considering the custody of the petitioner since 28.11.2017 and the fact that all material witnesses including the complainant and two eye witnesses have been examined and both the parties have received injuries as it is a case of version and cross version, the present petition is allowed and petitioner, namely, Bahadur Singh is directed to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the trial Court.