Crl.M. No. M- 6762 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1) Crl.M. No. M- 6762 of 2011 (O&M) Date of decision : 18.5.2011 ... Gurwinder Singh @ Babbu ................Petitioner vs. State of Punjab .................Respondent 2) Crl.M. No. M- 10169 of 2011 (O&M) ... Ramesh Chand ................Petitioner vs. State of Punjab .................Respondent Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. Baldev Singh, Senior Advocate with Sh. Deepinder Singh, Advocate for the petitioner (in Crl.M.No. M-6762 of 2011) Sh. Daldeep Singh, Advocate for the petitioner (in Crl.M.No. M-10169 of 2011) Sh.Amandeep Singh Rai, Assistant Advocate General, Punjab. ... K.C. Puri, J. Vide this order I intend to dispose of Crl.M.Nos. M-6762 of 2011 and M-10169 of 2011, as both the petitions arise out of same FIR. Petitioners – Gurwinder Singh @ Babbu and Ramesh Chand Crl.M. No. M- 6762 of 2011 -2- have applied for grant of bail in FIR No. 115 dated 24.9.2010 under Sections 302, 212, 307, 34 IPC and Section 25/27/54/59 of Arms Act, registered at Police Station Sadar Mansa, District Mansa. As per allegation of the prosecution, Vijay Kumar had an altercation with the complainant party while driving the motor cycle. On the date of occurrence at about 11.30 A.M. Vijay Kumar was having a .12 bore double barrel gun and his brother Baltej Singh was having belt of cartridges, their father Ramesh Chand s/o Babu Ram and Gurwinder Singh @ Babbu s/o Hardev Singh came there at the spot from their houses. Ramesh Chand raised a lalkara and Vijay Kumar fired from his .12 bore gun which hit on the shoulder of right arm of Jaswinder Kaur. Balwinder Singh came forward. Vijay Kumar again fired in the stomach of Balwinder Singh and Balwinder Singh fell on the ground. Vijay Kumar unloaded the rifle, then Baltej Chand handed over cartridges to Vijay Kumar from the belt and Vijay Kumar again loaded the rifle and Gurwinder Singh @ Babbu while abusing said Vijay Kumar to teach a lesson to Sandeep Singh for helping them. Then Vijay Kumar fired upon Sandeep Singh which hit near his neck above chest. Meanwhile Vijay Kumar again fired which hit ankles of Sandeep Singh and Sandeep Singh fell on the ground. Sandeep Singh ultimately succumbed to his injures. The allegation against Ramesh Chand – petitioner is that he raised a lalkara. He is stated to be in custody since 6.10.2010. So, far as Gurwinder Singh – petitioner is concerned, although his presence has been mentioned in the FIR and he is stated to have exhorted the other co-accused Vijay Kumar, but the State counsel has stated at the Crl.M. No. M- 6762 of 2011 -3- Bar that in investigation it was found that Gurwinder Singh was not present and he has been arrayed as accused simply for harbouring the other accused under Section 212 IPC. Gurwinder Singh – petitioner is stated to be in custody since 13.1.2011. The trial is not likely to be concluded at an early date. So, keeping in view totality of circumstances, since no role except exhortion has been attributed to both the applicants, in my view, it is a fit case to allow the concession of regular bail. So, bail is granted to both the petitioners to the satisfaction of the trial Court. Both the petitions stand disposed of. ( K.C. Puri ) 18.5.2011 Judge chugh