Pippal Singh 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 in case bearing FIR No.61 dated 10.07.2019 registered under Sections 452, 323, 506, 148, 149 of the Indian Penal

Code, 1860 (Section 302 IPC added later on) at Police Station Ghal Khurd, District Ferozepur.

The petitioner is an old man of 57 years . Initially, the FIR was registered for the offences under Sections 452, 323, 506, 148, 149 of the Indian Penal

Code against Lovepreet Singh, Pippal Singh (present petitioner), Sukhwinder Singh, Jasvir Kaur and Kiranjeet Singh, on the statement of Dalbir Singh-

complainant.

As per the allegations, Lovepreet Singh was armed with gandasa, Kiranjeet Singh was empty handed whereas, Jasvir Kaur, Pippal Singh (petitioner)

and Sukhwinder Singh were armed with daang. All the accused made forcible entry in the house of the complainant and thereafter Kiranjeet Singh

caught father of the complainant namely Harbans Singh. Lovepreet Singh inflicted gandasa blow at the backside of the head of Harbans Singh, Pippal

Singh inflicted the daang blow on the left hand and little finger of left hand of Harbans Singh. Harbans Singh (father of the complainant), made hue

and cry. The complainant and his mother tried to save Harbans Singh from the clutches of the accused, then Sukhwinder Singh inflicted a daang blow

on the left wrist and on right elbow of the complainant. Thereafter, all the assailants ran away from the spot. Harbans Singh died on 11.07.2019 and

offence under Section 302 IPC was added vide DDR No.11 dated 11.07.2019.

Learned counsel for the petitioner submits that the petitioner-Pippal Singh was armed with daang and he allegedly inflicted a daang blow on the left

hand and little finger of left hand of Harbans Singh. The injury was on non-vital part of the body. The petitioner is in custody since 02.09.2019. After

framing of the charges, no prosecution witness has been examined so far.

As per postmortem report, the cause of death is due to “Cranio Cerebral Damage Consequent Upon Blunt Trauma to Headâ€​.

Keeping in view the period of custody, the part attributed to the petitioner and the stage of the trial, I deem it appropriate to enlarge the petitioner on

regular bail without meaning anything on merits of the case.

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

to the satisfaction of the trial Court/concerned Duty Magistrate.

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