Dalbir Singh Alias Gogi vs State of Punjab

Naresh Kumar Sanghi, J.—Prayer in this petition is for grant of regular bail to petitioner Dalbir Singh alias Gogi who has been booked for having committed the offences punishable under Sections 148, 307, 323, 324, 325, 341, 427 and 506 read with Section 149, IPC, in a case arising out of FIR No. 130, dated 20.08.2012, registered at Police Station, Sadar, Samana, District Patiala. Learned counsel contends that even if the whole case of the prosecution is taken at its face value then also the only role assigned to the petitioner is of causing grievous injury by means of fire-arms on the fingers of Harjit Singh; that the petitioner is behind the bars from 10.06.2013; that after investigation the charge-sheet (report u/s 173, Cr.P.C.) has already been submitted before the learned court below and it is a case of version and cross-version; that as many as six persons of petitioner''s side had received grievous and simple injuries at the hands of the complainant side.

Learned counsel for the State on instructions, from Sub Inspector Jaswinder Singh of Police Station, Sadar, Samana, very fairly concedes that it is a case of version and cross-version. Six persons from the petitioner''s side had sustained grievous and simple injuries. After completion of investigation the charge-sheet (report u/s 173, Cr.P.C.) has already submitted before the learned court below. Learned counsel for the state has also conceded that the petitioner has caused injury on the injured Harjit Singh which has already been declared grievous in nature.

Learned counsel for the complainant though opposed the grant of regular bail to the petitioner but could not justify his submissions.

I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.

Concededly, it is a case of version and cross-version. The petitioner is behind the bars from 10.06.2013 and after completion of the investigation, the charge-sheet (report u/s 173, Cr.P.C.) has already been submitted before the learned trial court. The petitioner has caused fire-arm injury on the fingers of injured Harjit Singh. Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed. Petitioner Dalbir Singh alias Gogi son of Roop Singh, resident of village Kahangarh Bhutna, Tehsil Samana, District Patiala, is ordered to be released on bail during the pendency of the trial, subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Patiala.