IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 24628 of 2010 Date of decision : 12.10.2010 Saminder Singh …. Petitioner Versus State of Punjab ….. Respondent Present : Mr. Vipin Mahajan, Advocate for the petitioner. Mr. Gazi Mohd. Umair, DAG, Punjab. *** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him on 19.4.2010 for the offences under Sections 307, 326, 323, 148 and 149 IPC. The FIR in the case has been registered on the statement of Yadwinder Singh. In the incident that occurred on 11.4.2010 at 1.45 p.m., the complainant Yadwinder Singh was going from Boaprai to Batala in a bus. When the bus reached on the turn of Basarpura, Bikramjit Singh and Davinder Singh stopped the vehicle while standing in front of it. When the bus stopped, the complainant was standing on the back door of bus. The petitioner Saminder Singh @ Sherry, Harpreet Singh @ Happy and Sabba armed with ‘datars’ and two-three more unknown persons were armed with datars and kirpans came out from the Qualis vehicle. Bikramjit Singh and Devinder Singh took out ‘kirches’ from the car. Bikramjit Singh raised lalkara that the complainant insulted him for not taking the bus ticket and he should not be spared. Then the said persons pulled the Crl. Misc. No. M- 24628 of 2010 [2] complainant down from the bus. The petitioner is stated to have given two continuous ‘datar’ blows which hit on the shin of left leg of the complainant and he fell down. While lying, other injuries were caused. The complainant Yadwinder Singh has suffered 13 injuries as per the MLR (Annexure P2). Learned counsel for the petitioner submits that the name of the complainant in the MLR (Annexure P2) has wrongly been mentioned as Jaswinder Singh, whereas it should have been Yadwinder Singh. Injuries No.3 and 4 are attributed to the petitioner. Both injuries are incised wound below the left knee joint. The same are on non-vital part. The petitioner is in the custody since 20.5.2010. The complainant Yadwinder Singh has since been discharged from the hospital. The injuries in respect of the offence under Section 307 IPC are not attributed to the petitioner. The involvement of the petitioner in respect of the offence under Section 307 IPC is to be established by the prosecution by leading evidence. The trial in the case is likely to take time. In the circumstances, the Crl. Misc. petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Gurdaspur shall be admitted to bail. (S.S. SARON) JUDGE October 12, 2010 amit