In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-8153 of 2009 (O&M) Date of decision: 8.5.2009 Sonypal Singh @ Sony ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.J.S.Chahal, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. CRM Nos.15120 and 23101-02 of 2009 Applications are allowed. The petitioner is exempted from filing certified copies of Annexures P-1 and P-2. Annexure P-2 is taken on record. CRM No.M-8153 of 2009 This petition has been filed by Sonypal Singh @ Sony under Section 439 of the Code of Criminal Procedure (“Cr.P.C. for short) for grant of regular bail in case FIR No. 31 dated 9.2.2009, under Sections 307, 353, 186, 427, 34 of the Indian Penal Code, Crl. Misc. No. M-8153 of 2009 (O&M) -2- registered at Police Station Jagraon, Police District Ludhiana Rural. The contents of the FIR, as reproduced in para 1 of the petition, are as under:- “Constable Santokh Singh No.289/LDH ® P.P. Ghalib Kalan son of Avtar Singh resident of Bhaini Gujran Police Station Sidhwan Bet aged about 38 years. Stated that I am working in the Police Department as a Constable and am posted in Police Post Ghalib Kalan District Ludhiana Dehati. Today S.I.Nidhan Singh Incharge Police Post Ghalib Kalan had prepared a Kalandra under Section 107/151 Cr.P.C. against Gurcharan Singh son of Ujagar Singh Jat resident of Ghalib Kalan on the application of Hardeep Singh son of Makhan Singh Jat resident of Kaunke Kalan at present Ghalib Kalan and he detailed Constable Surinder Masib No.309 and myself for the duty of producing him in the Court of the S.D.M.Sahib Jagraon. I was taking Gurcharan Singh from Ghalib Kalan to Jagraon on the Scooter No.PB 25-8622 Bajaj Chetak which is owned by Gurcharan Singh and following me on the other Scooter was my companion Surinder Masib No.309 and on his pillion was sitting Malkiat Singh son of Chamkaur Singh resident of Patti Chahal. When at about 12 Noon we reached on the Jagraon side from Amargarh Kaler adjacent of Paradise marriage Palace then on seeing us a Jeep which was behind a Peepul tree came at a speed which was being driven by Hardeep Singh son of Makhan Singh Jat resident of Kaunke Kalan Crl. Misc. No. M-8153 of 2009 (O&M) -3- and on his side seat was sitting Sonypal Singh @ Sony son of Surjit Singh Mistri resident of Ghalib Kalan. They raised a lalkara that today will not let him go then Hardeep Singh driving the Jeep No.DL-3CB-9688 at a high speed struck straight against our scooter with the intention of killing us. We fell down then Hardeep Singh quickly got down gave a Gandasi blow with the sharp edge on the left side of the head of Gurcharan Singh with the intention of killing him. Myself, Surinder Masih and Chamkaur Singh raised the raula of “Na Maro Na Maro” and tried to catch them then both the accused leaving the jeep and the Gandasi ran away through the fields. Then all three of us looked after Gurcharan Singh. After leaving Chamkaur Singh at the spot myself and C.Surinder Masih took Gurcharan Singh to the Civil Hospital, Jagraon. After leaving Surinder Masib with him I was going for giving information when you met me in front of the gate of the hospital. I have got the statement recorded. Hardeep Singh and Sonypal Singh above mentioned with the intention of killing us hit us with the jeep and with the intention of killing Gurcharan Singh gave a Gandasi blow from the right side on his head and has obstructed us in the performance of our official duty. Because of the hitting of the scooter by the jeep there is a damage to the scooter No.PB-25-8622 also. The said scooter and the jeep are at the spot and blood is also lying spilt there.” Crl. Misc. No. M-8153 of 2009 (O&M) -4- Learned counsel for the petitioner has submitted that the only role attributed to the petitioner is that he was also sitting in the jeep, which was driven by his co-accused Hardeep Singh. The petitioner is in custody since 9.2.2009. Learned State counsel has submitted that now offence under Section 307 IPC has been deleted. However, he has opposed this petition. Keeping in view the fact that now the offence under Section 307 IPC has since been deleted and the fact that the petitioner is in custody since 9.2.2009, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of learned Chief Judicial Magistrate, Ludhiana. (SABINA) JUDGE May 08, 2009 anita