Criminal Misc. No. M-26559 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-26559 of 2009 Date of Decision:13.10.2009 Shangara Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. Gaurav Sharma, Advocate for the petitioner. Mr. K.D.S. Sodhi, Advocate for the respondent. **** HARBANS LAL, J. This petition has been moved by Shangara Singh under Section 439 of the Code of Criminal Procedure seeking his regular bail in case FIR No.111 dated 8.7.2009 registered under Sections 307, 324, 148, 149 IPC and 25 of Arms Act at Police Station Mahilpur, District Hoshiarpur. The facts in brief are that Parminder Singh made a statement before the police in the terms that he was quite thick with Shangara Singh but due to his bad habits, he left his company. On this account, an altercation ensued between them. On 7.7.2009, in the evening, he along with his brother Jandeep Singh was returning to his village. Shangara Singh armed with kirpan hurled abuses upon them. He as well as his brother went to their house. Their parents lodged a protest with Shangara Singh by visiting his house. Shangara Singh abused them as well. On 8.7.2009, he and his said brother had gone to Padaundi Palace of their friend Happy Criminal Misc. No. M-26559 of 2009 -2- Nagra. At about 1:00 P.M., he received telephonic call from his father that Shangara Singh accompanied by 20/21 persons on motor-cycle had come to their house duly armed with datars/ kirpans and others weapons and also called their names. Shangara Singh was making telephonic calls time and again asking Parminder Singh about his whereabouts. He accompanied by his brother went to their house at 4:15 P.M. Again Shangara Singh made telephonic call and asked him (Parminder Singh) to come towards his village. He, his brother Jandeep Singh and their uncle Joginder Singh went to pucca road of Village Kalupur. Shangara Singh was armed with a pistol. He asked his accomplices to come and teach a lesson to him for having altercation with him. About 10/12 unidentified persons came in a Sumo vehicle. They were armed with gandasas, kirpans and iron pipes. 8/9 more persons came on motor-cycles, who were armed with datars, base balls etc. Shangara Singh fired from his pistol upon him (Parminder Singh) with an intention to kill him. The gun shot hit him on the left illiac region and he fell on the ground. Shangara Singh fired 2-3 other shots from pistols. His accomplices caused injuries to Joginder Singh and Jandeep Singh. On being raised alarm, Makhan Singh, Balbir Singh and Sheetal Singh were attracted to the spot and saved the injured from their clutches. I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection. Learned counsel for the petitioner submits that the petitioner is in custody since July, 2009 and the trial is not likely to be concluded within a measurable distance of time, that being so, he may be admitted to bail. As against this, the learned State Counsel pressed into service Criminal Misc. No. M-26559 of 2009 -3- that the injury attributed to the petitioner is with pistol on the left illiac region of Parminder Singh and the bullet was recovered from the wound by the Board of Doctors. Besides this, two other shots have been fired by the petitioner. In view of the gravity of the allegations against the petitioner, the benefit of concession of bail should not be conferred upon him. I have well considered the rival contentions. Needless to say, the injury attributed to the petitioner is with firearm weapon on the left illiac region of Parminder Singh injured. If the petitioner is admitted to bail, he may flee from justice or tamper with the prosecution evidence. That being so, I do not deem it a fit case to admit bail to the petitioner. Sequelly, this petition is dismissed. October 13, 2009 ( HARBANS LAL ) renu JUDGE