CRM No.M-1666 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-1666 of 2011 Date of decision 24.03.2011 Dinesh Kumar alias Mintoo ......Petitioner Versus State of Punjab ......Respondent Present: None for the petitioner. Mr.Gurmail Singh, ASI, Police Station Sadar District Hoshiarpur is present in the Court. S.S. SARON, J. The petitioner-Dinesh Kumar alias Mintoo seeks regular bail in case FIR No.90 registered against him on 01.06.2010 for the offences under Section 148, 307 and 149 IPC. FIR in the case has been registered on the statement of Swaranjit Singh. It is alleged by the complainant that he is working at Guru Kirpa Security Agency at Toll Plaza village Chagran. He had gone for duty on the date of the incident i.e. 01.06.2010 at Toll Plaza. Paramjit Singh and Bhola Pehalwan were sitting on the bench and chairs at Toll Plaza. Some security persons were standing around the toll plaza. At about 10:15 p.m. six persons with their faces covered with yellow colour patkas (pieces of cloth) came from the side of Hoshiarpur on motorcycles and crossed over the toll plaza. Then after 10 minutes the same persons came from the side of village Chagran whom the complainant-Swaranjit Singh identified as Sheera resident of Attowal and Bawa resident of Phulahi, who were driving the motorcycles, and two unknown persons who were sitting in between. J.K. Chaggar and Giani were sitting on rear seat and they with their CRM No.M-1666 of 2011 2 respective dasti revolvers fired 7/8 shots upon the complainant side with an intention to kill. The complainant received one shot which hit him on the left leg above left knee. Then upon their raising an alarm, the accused ran away. The petitioner is not named as an accused in the FIR. However, in the supplementary statement of Swaranjit Singh that was recorded, the petitioner was stated to be sitting on the motorcycle. The petitioner has submitted that Swaranjit Singh-complainant of this case along with his companions has committed the murder of Bawa resident of Phulahi. ASI Gurmail Singh, who is the Investigating Officer of the case and is present in Court has submitted that Swaranjit Singh in fact has been found innocent during enquiry. It may be noticed that no overt act is attributed to the petitioner in the incident that occurred on 01.06.2010. He is in custody since 27.06.2010. The prosecution is to establish and prove its case by leading evidence. In the facts and circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Hoshiarpur shall be admitted to bail. March 24, 2011 (S.S.SARON) Jyoti 1 JUDGE