CRM-M-18277-2011 (O&M) ::::::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-18277-2011 (O&M) Date of Decision:29.08.2011 Baljinder Singh and others ...Petitioners Versus State of Punjab ... Respondent CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mrs. Rupinder Kaur Thind, Advocate, for the petitioner. Mr. A.S.Rai, DAG, Punjab. Mr. P.S.Hundal, Advocate, for the complainant. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for grant of regular bail in a pending trial case registered vide FIR No.38 dated 23.05.2010, under Sections 307, 326, 324, 323, 336, 506, 148, 149 IPC at Police Station Ghanie-ke-Bangar, District Gurdaspur. Learned counsel for the petitioners submits that it is a case of cross-version in which brother of petitioner no.1, namely, Sukhwinder Singh lost his life on account of a fire arm injury caused by Rashpal Singh alias Bittu. She further submits that the petitioners had recorded their version immediately after the occurrence, but the complainant had recorded DDR No.18 on 28.05.2010, i.e. after 5 days, after due deliberations. It is submitted that the allegation against petitioner no.1 Baljinder Singh is that he was armed with a Rifle but no injury is attributed to him. Petitioner no.2 Bikramjit Singh was allegedly armed with Kirpan and is alleged to have caused one injury on the little finger of Baljinder Singh @ Billa, which had been declared to be grievous, and another injury on the head of Darshan Singh which is found to be simple, whereas petitioner no.3 Simranjit Singh alias Simmi is alleged to have caused 3 injuries which have been found to be simple in nature. She further submits that the bail application of the petitioners was dismissed by the learned Trial Court basically on the ground that they were declared proclaimed offender on 04.03.2011 and had surrendered on 14.04.2011 and since then they are in custody. She further submits that the moot point involved in the present case is that who were the aggressors because it was a dispute with regard to demolition of the Killa Line which was being levelled by the petitioners at the time of occurrence as both the parties are living in the fields by raising their Dhanis. She further submits that the petitioners are neither the previous convicts nor any other case is pending against them. 1 CRM-M-18277-2011 (O&M) ::::::: Leaned State Counsel with the assistance of learned counsel for the complainant, submits that petitioner no.2 Bikramjit Singh had caused grievous injury and since they have been declared proclaimed offenders, therefore, they do not deserve the concession of bail. He further submits that there are total 26 witnesses to be examined by the prosecution. I have heard learned counsel for the parties and I am of the view that the petitioner no.1 in this case has not caused any injury and petitioner no.3 had allegedly caused three simple injuries, whereas petitioner no.2 had allegedly caused one simple injury and one grievous injury that too on the little finger of the left hand of Baljinder Singh alias Billa. The petitioners, who were declared proclaimed offender, had surrendered on 14.04.2011 and are in custody for about 4-½ months, whereas the challan had already been presented. In view thereof, the present petition is hereby allowed and the petitioners are ordered to be released on their furnishing bail bonds with heavy surety to the satisfaction of the learned Trial Court who would also make appropriate order for the purpose of securing presence of the petitioners on each and every date of hearing. August 29, 2011. ( Rakesh Kumar Jain ) vinod* Judge 2