Puran Singh vs State of Punjab

Naresh Kumar Sanghi, J.—Prayer in this petition is for grant of regular bail to petitioner Puran Singh who has been booked for having committed the offences punishable under Sections 148, 307, 323, 325, 458 and 459 read with Section 149, IPC, in a case arising out of FIR No. 68, dated 21.05.2013, registered at Police Station, Longowal, Tehsil and District Sangrur. Learned counsel contends that out of six injured, simple injuries were received by five persons whereas, Bhupinder Singh had received four injuries out of which injuries Nos. 1 and 2 were declared grievous on 12.07.2013, while injury No. 2 was declared dangerous to life on 17.07.2013; that injuries Nos. 1 and 2 on the person of Bhupinder Singh were allegedly caused by Jagjit Singh who has also been arrested; that concededly, the petitioner has been attributed simple injuries only; and that the petitioner is behind the bars from 30.05.2013.

Learned counsel for the State, on instructions from ASI Magher Singh, Police Station, Longowal, District Sangrur, has not controverted the submissions made by the learned counsel for the petitioner except that an injury caused on the head of Bhupinder Singh was found to be grievous, therefore, he had also committed an offence punishable u/s 325, IPC.

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

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

At best the petitioner has been attributed the injury attracting the mischief of Section 325, IPC. The injury which attracts the ingredients of Section 307, IPC, has been attributed to Jagjit Singh. The petitioner is behind the bars from 30.05.2013. After completion of the investigation, the charge-sheet (report u/s 173, Cr. P.C.) has already been submitted before the learned Area Judicial Magistrate. Jagjit Singh, co-accused of the petitioner, has also been arrested and is behind the bars. Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed. Petitioner-Puran Singh, s/o Gian Singh, r/o Jharon Patti, village Longowal, Police Station, Longowal, Tehsil and District Sangrur, is ordered to be released on bail during the pendency of the trial of the present case subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Sangrur.