Sandeep Kumar @ Seepu vs State Of Punjab

Gurvinder Singh Gill, J

The petitioner seeks grant of regular bail in respect of a case registered vide FIR No.41, dated 3.6.2020, Police Station Gardhiwal, District Hoshiarpur, under Sections 323, 324, 326, 452, 506, 34 IPC.

The FIR in question was lodged at the instant of Gurdeep Singh wherein it is alleged that he is undergoing life imprisonment and in February 2020, he had been granted parole. It is alleged that on 30.5.2020 when he along with his father Balwinder Lal and his mother Meena were present at home, then Sharanjit came outside their house and raised lalkara exhorting his companions that Gurdeep and Balwinder Lal be taught a lesson for murdering his brother Virender Jit Singh. When the complainant went out, he saw that Sharanjit armed with 'sword', Sandeep armed with 'datar' and Nitin armed with 'sword' were present outside his house. It is alleged that Sandeep (petitioner) gave three consecutive blows with 'datar' hitting the complainant on his head, left eyebrow and left cheek. Thereafter Sharanjit inflicted two blows with the 'sword' hitting the complainant on his back and on his left shoulder. Nitin Kumar is also alleged to have given two blows with the sword to the complainant hitting on the left bicep and on the left hand. The complainant upon receipt of said injuries fell on the ground and thereafter Sandeep (petitioner) gave kick blows hitting him on his nose. When his parents rushed forward to rescue him, the assailants also caused injuries to his father Balwinder Lal. Upon alarm being raised the assailants fled away from the spot with their respective weapons.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the instant case and that the injured Gurdeep Singh was discharged from hospital on the very next day of his admission. It has further been submited that since the other two co-accused have already been granted bail, the petitioner also deserves the same concession on grounds of parity.

Opposing the petition, learned State counsel has submitted that since it is the petitioner who is the prime accused who had caused as many as 6 injuries i.e. 4 injuries to Gurdeep Singh including an injuryon his head and two injuries to Balwinder Singh, no case for grant of bail is made out. Learned State counsel has however, informed that the petitioner as on date has been behind bars since the last more than 8 months and that he is not wanted in any other case and that challan already stands presented.

Having regard to the aforestated factual position and without commenting anything on merits of the case but while noticing that the petitioner has been behind bars since a substantial period of more than 8 months and challan already stands presented and that the petitioner is not even stated to be involved in any other case, the petition is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.