Lakhwinder Singh @ Lakhi Pathar vs State Of Punjab

Raj Mohan Singh, J

The case has been taken up for hearing through video conferencing.

Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing DDR No.39 dated 14.01.2020, under Sections 308, 341, 342, 323, 148,

149 of IPC. The aforesaid DDR has arisen as a cross version in FIR No.15 dated 14.01.2020 under Sections 307, 427, 506, 148, 149 of Indian Penal

Code, 1860 and Section 25 of Arms Act, 1959 registered at Police Station City Sunam, District Sangrur.

The DDR was recorded on the statement of Kapil Sharma @ Mani with the allegations that on 13.01.2020 at about 9.30 to 10.00 PM, he was sitting

in a car with his brother and was going to the house. Near Mata Modi Chowk Park Bagha tent was erected. The petitioner, his brother Ganeshi,

Vicky, Sonu Bajwa @ Baba, Mita along with 5-6 more unidentified persons cordoned their car. The petitioner attacked the brother of the complainant

with an axe but he immediately after alighting from the car fled away. The assailants over powered the complainant and gave beatings to him and

thereafter took him towards the drain. After giving beatings there, they took him in front of the house in the car. They hit the complainant on the head

with a flower pot. The complainant fell on the ground then Lakhi Pathar (the petitioner), his brother Ganeshi and his father Balbir Singh @ Balli

Halwai hit him on his legs with rods. Unidentified persons also hit him with bricks. With these allegations, the DDR came to be registered.

Co-accused Sonu Bajwa has been granted anticipatory bail vide order dated 10.08.2020 passed in CRM-M-17462-2020.

Police has not presented the challan so far.

Learned counsel for the petitioner relies upon the compromise by way of affidavit executed by Kapil Sharma wherein the complainant has shown his

no objection. The petitioner is in custody since 13.06.2020.

Learned State counsel, however, opposed the bail on the ground that the petitioner is involved in serious offence and grievous injury is inflicted on the

person of complainant.

Keeping in view the status of the case wherein challan is still to be presented, the complainant has executed an affidavit in the form of compromise

and the petitioner is in custody since 13.06.2020, I deem it appropriate to enlarge the petitioner on regular bail.

In view of above, petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing adequate bail bonds/surety bonds to the

satisfaction of CJM/ Duty Magistrate concerned.

Nothing expressed hereinabove would be construed to be an expression of any opinion on merits of the case.