IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-3476 of 2011 Date of decision: 24.2.2011 Rashpal Singh …. Petitioner Versus State of Punjab …. Respondent Present: Dr. Puneet K. Sekhon, Advocate for the petitioner. Mr. M.C. Berry, Addl. A.G., Punjab. *** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him on 26.4.2009 for the offences under Sections 307, 326, 324 and 34 IPC. The FIR in the case has been registered on the statement of Manpreet Singh who is a student of Ist year B.Sc. Computers at Khalsa College, Amritsar. There were family relations between the father of the complainant and one Baldev Singh. The complainant considered the sons of Baldev Singh namely Tarsem Singh, Rashpal Singh (petitioner) and daughter of Baldev Singh namely Kulbir CRM No. M-3476 of 2011 [2] Kaur to be his brothers and sister. Kulbir Kaur was married to Nachattar Singh @ Gurshahib Singh. The complainant attended her marriage with his family and he always treated her like his own sister even after marriage. On 25.4.2009, the complainant along with his uncle Daljeet Singh and also Rashpal Singh (petitioner), Tarsem Singh reached village Wara Sher Singh where Kulbir Kaur was married. They were attended to by Nachattar Singh @ Gurshahib Singh and Kulbir Kaur. Thereafter, Nachattar Singh @ Gurshahib Singh, husband of Kulbir Kaur said that they should go for a walk outside. The complainant Manpreet Singh along with his uncle Daljeet Singh, Tarsem Singh, Rashpal Singh (petitioner) and Nachhattar Singh had gone towards the fields at the motor of Arun Singh. There at that place, Nachhatar Singh, Tarsem Singh and Rashpal Singh (petitioner) said that the complainant did not consider their sister to be his sister. Tarsem Singh and Rashpal Singh (petitioner) raised a lalkara to catch hold of Manpreet Singh, complainant and he should not go scot free and he be taught a lesson as to how ‘Rakhi’ is tied. Nachattar Singh, had a ‘datar’ concealed with him took out the same and struck it on the left hand of the complainant due to which his hand got amputated. Thereafter, Rashpal Singh (petitioner) struck a ‘datar’ blow on the right hand of the complainant. On account of receiving severe injuries, the complainant fell down and while he had fallen down, Tarsem Singh kicked him. The complainant raised an alarm of ‘mar ditta mar ditta’ and on hearing his cries, his uncle Daljit Singh came CRM No. M-3476 of 2011 [3] running towards him and on seeing Daljit Singh, the assailants ran away from the spot along with their respective weapons. Daljit Singh arranged a vehicle and after obtaining docket from Algon Kothi Chowki, he got the complainant admitted in Civil Hospital, Patti where Doctor after giving him first aid, referred him to Navpreet Hospital, Amritsar where he was undergoing treatment. Dr. Sukhwinder Singh Sandhu, Civil Hospital, Patti has been examined as PW2 and he found as many as 10 injuries on the person of injured-Manpreet Singh. The petitioner Rashpal Singh is attributed a ‘datar’ blow on the right hand of the complainant-Manpreet Singh. According to the learned counsel appearing for the petitioner, the injuries attributed to the petitioner are injuries No.8 and 9 on the person of Manpreet Singh which have been opined to be simple in nature as per the deposition (Annexure P2) of Dr. Sukhwinder Singh Sandhu (PW2). It is submitted that the petitioner is also attributed injuries on the person of Kulbir Kaur. However, Kulbir Kaur while appearing as PW3 did not support the prosecution case and she was declared hostile and was allowed to be cross-examined by the Additional Public Prosecutor appearing for the State. The prosecution is to examine 9 witnesses more. The trial in the case is likely to take time. The injury attributed to the petitioner on the person of Manpreet Singh, complainant is simple. The petitioner is in custody since 27.4.2009. It is submitted that Manpreet Singh-injured has been discharged from the hospital. CRM No. M-3476 of 2011 [4] In the facts and circumstances, the Crl. Misc. petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Tarn Taran shall be admitted to bail. (S.S. SARON) February 24, 2011 JUDGE amit