Crl. Misc. No. M- 7278 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 7278 of 2010 (O&M) Date of decision: April 23, 2010 Joginder Singh ...Petitioner Versus State of Punjab ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Ms. GK Mann, Advocate, for the petitioner. Mr. AS Brar, Sr. DAG, Punjab. GURDEV SINGH, J. Heard. Petitioner, Joginder Singh son of Sohel Singh, by means of this petition under Section 439 of the Criminal Procedure Code, is seeking regular bail in FIR No. 26 dated 7.6.2009, registered at Police Station Sarai Amanat Khan, District Amritsar, under Sections 324, 302/34 IPC, on the grounds that he is a disabled and ailing person of 80 years and has been falsely implicated. It was on the statement of Kashmir Singh-complainant that this FIR was registered. He narrated therein that there was a boundary dispute between his uncle Mukhtar Singh on one side and Major Singh, Fuman Singh, Joginder Singh, and Rachhpal Singh on the other side. On 4.6.2009 at 7 AM, he, alongwith Jaggja Singh, went to the disputed place, where Major Singh armed with a kahi, Fuman Singh armed with a wehli, Joginder Singh and Rachhpal Singh empty handed were standing there. His uncle was also there. They were about 20 karams away, when the present Crl. Misc. No. M- 7278 of 2010 2 petitioner raised a lalkara and exhorted his co-accused to caught hold of Mukhtar Singh and teach him a lesson. Thereupon, Major Singh gave a kahi blow to Mukhtar Singh which hit on his head, as a result of which, he fell down. Thereafter, Rachhpal Singh dragged him from his hair and Fuman Singh gave a blow with his weapon on his right knee. He raised alarm, upon which the accused escaped from the spot with their respective weapons. The injured was first rushed to Kasel hospital, from where he was referred to the Civil Hospital, Tarn Taran and thereafter to KD Hospital. Ultimately, the injured died as a result of the injuries so received by him. The only part attributed to the petitioner is that he raised a lalkara. At the time of arguments, it was not disputed by learned State counsel that he is more 80 years old. He is coming in the custody since 17.11.2009. The conclusion of the trial will take some time. Keeping in view the part attributed to the petitioner, his age, and without expressing any opinion on the merit of the case, this application is allowed. The petitioner is admitted to bail to the satisfaction of the trial court, subject to the following conditions:- (i) he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officers; and (ii) he shall not leave India without the previous permission of the Court. April 23, 2010 (GURDEV SINGH ) prem JUDGE