Navjot Singh alias Sidhu vs State of Punjab

S.S. Saron, J.

Heard counsel for the parties.

The Petitioner seeks regular bail in a case registered against him on 27.07.2009 for the offences under Sections 324, 326, 307 and 34 IPC at Police Station Bullowal, District Hoshiarpur. The Petitioner in the case was arrested on 27.08.2009.

The FIR, in the case, has been registered on the statement of Baljit Singh in respect of the incident that occurred on 24.07.2009. Baljit Singh (complainant) after paying obeisance at Gurudwara Garha Sahib was returning to his village on his scooter. When he reached Darbar Baba Shammi Shah near gate of the village at about 9.00/9.15 p.m., from the side of village, three boys including Navjot Singh alias Sidhu (Petitioner); besides, Jyoti and Navu came on a splendor motorcycle. Navjot Singh alias Sidhu (Petitioner) and Jyoti were carrying kirpans while Navu was armed with a datar. They turned their motorcycle at once after Baljit Singh (complainant). Jyoti was driving the motorcycle. The Petitioner who was sitting on the back gave a kirpan blow from the blunt side on the complainant-Baljit Singh, which hit on his back and he fell down from the scooter. The Petitioner gave two kirpan blows, which hit the complainant on the web between little and ring finger on his (complainant''s) right hand and on the right index finger; besides, he gave a kirpan blow which hit the complainant on the elbow of his left arm. The others also caused injuries.

The prosecution has cited 16 witnesses and out of them only four witnesses have been examined till date. In terms of the medical report of Dr. Jaswinder Singh, Medical Officer, Civil Hospital, Hoshiarpur who has been examined as PW-4 has stated in his deposition that the injuries on the person of the injured were on the non-vital part of his (complainant''s) body; Besides, Board of Doctors had given its opinion that the injuries collectively could have been dangerous to life without proper medical treatment.

According to the learned Counsel for the Petitioner, the offence u/s 307 IPC is not made out. This aspect, however, is to be considered by the learned trial Court after evidence in the case is complete. At this stage, it would be premature to go into this aspect. The Petitioner is in custody for the last one year and eight months. The trial in the case is likely to take time.

In the facts and circumstances, the Petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Hoshiarpur, shall be admitted to bail.

The criminal miscellaneous petition stands disposed of.