Criminal Misc. No. M-20928 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-20928 of 2010 (O&M) Date of decision:- November 23rd, 2010 Bahadur Singh @ Bhalwaan ....Petitioner Versus State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE S.S. SARON Present: - Mr. P.S. Baath, Advocate, for the petitioner. Mr. M.C. Berry, Addl. A.G. Punjab, for the respondent - State. S.S. SARON J. (ORAL) The affidavit of Shri Gurpreet Singh Gill, Senior Superintendent of Police, Patiala filed in Court today, in compliance with the order dated 06.10.2010, is taken on record, subject to all exceptions. Heard counsel for the parties. Petitioner-Bahadur Singh @ Bhalwaan seeks regular bail in a case registered against him on 14.10.2008 for the offence under Sections 302, 307, 324, 323, 452 and 34 of IPC. However, the challan in the case has been filed under Sections 304, 307, 324, 3623, 452 and 34 IPC. The FIR in the case was registered on the statement of Sikander Singh, in the incident that occurred on 14.10.2008. The complainant-Sikander Singh was in his home and his wife-Surinder Kaur brought tea for the family where the complainant, his son-Pardeep Singh and his daughters-Sandeep Kaur and Randeep Kaur were sitting in the court yard. In the meantime, Gurmail Singh, neighbour of the complainant, Gagandeep Singh and Deepa son of Nirmal Singh and one Bhalwaan (Bahadur Singh-petitioner) who was generally with them came inside the house of the complainant. Gurmail Singh and Gagandeep Singh had kirpans and Deepa had base-ball bat while petitioner had a danda. Gurmail Singh raised a Lalkara that Sikander Singh and his family should not be spared. In the fight, the petitioner gave Criminal Misc. No. M-20928 of 2010 (O&M) 2 many injuries with danda held by him to Surinder Kaur-wife of the complainant and Pardeep- son of the complainant. While the fight going on, one neighbour of the complainant-Sukhwinder Singh (deceased) came there and all of them caused injuries to him. Thereafter, all the four persons ran away from the spot. Sukhwinder Singh died in the way while taking to the Hospital. Petitioner-Bahadur Singh attributed injuries on the person of Pardeep and Surinder Kaur son and wife of the complainant, respectively of the complainant. As per the affidavit of Shri Gurpreet Singh Gill, Senior Superintendent of Police, Patiala filed in the Court today, the injuries on the person of Surinder Kaur and Pardeep are simple in nature. Their medical report (Annexures R-1 and R-2) have been placed on record along with the affidavit of Shri Gurpreet Singh Gill, SSP, Patiala. It may be noticed that though the complainant had stated that all the four assailants caused injuries to deceased but the medical report shows that he had only one injury on the left thigh, which was a punctured wound 2 cm x 1 cm x 9 cm (on probing) eliphial in shape, vertically placed on the inner and anterior surface of left thigh, about 8 cm below from beginning of inner surface of left thigh. The challan has been filed for the offence under Section 304 IPC and not under Section 302 IPC. The petitioner is in custody since 20.11.2009. The trial in the case is likely to take time. Charges are yet to be framed. In the circumstances, Criminal Misc. Petition is allowed and the petitioner on his furnishing personal bonds and surety to the satisfaction of learned Chief Judicial Magistrate, Patiala shall be admitted to bail. (S.S.SARON) JUDGE 23.11.2010 neetu