Crl. Misc. No. M – 27970 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 27970 of 2010(O&M) Date of decision:- 24.9.2010 Nahar Singh ... Petitioner Versus The State of Punjab ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. S.P.S.Sidhu, Advocate, for the petitioner. Gurdev Singh, J (oral) Heard. This is second petition filed by Nahar Singh – petitioner; the first having been withdrawn by him, under Section 439 of the Code of Criminal Procedure for releasing him on regular bail for the offences under Sections 307, 336, 447, 148 and 149 IPC and 25 of the Arms Act, in respect of which he is standing his trial before the Additional Sessions Judge, Moga and in respect of which FIR No.28 dated 2.3.2010 was registered against him in Police Station Baghapurana, District Moga. He has contended therein that it is a case of version and cross-version and the cross-version was registered on the basis of his statement, which was recorded in the DDR of the said Police Station at Sr. No. 23. It is still to be determine as to which party was aggressor. There is no chance of his absconding or tampering with the prosecution evidence. It was on the statement of Kuldeep Kaur – complainant that the present FIR was registered against the present petitioners and others. She came out with a version that on 1.3.2010 at about 3 PM, she was present in the house whereas her husband was away to the fields. On hearing the noise Crl. Misc. No. M – 27970 of 2010(O&M) -2- of tractor, she came out of the house and saw Kamikar Singh on the tractor and at that time he was keeping a sword on one side of the tractor. Pavittar Singh – accused armed with pistol was sitting by the side of that accused. At that time the cultivators were attached with the tractor and with the help of 8/9 persons those accused were trying to take possession of the land by ploughing the same. At that time her brother-in-law Nahar Singh, the present petitioner, was also present while armed with 12 bore double barral gun along with Jagjit Singh and Tarsem Singh, who were armed with 12 bore double barral gun and gandasa, respectively. She was caught hold by them and was thrown on the road. She raised an alarm, which attracted her son – Benipal Singh. Her husband also came running from the fields. Nahar Singh fired a shot towards her husband with intention to kill, which hit him and he fell on the stairs. This injured was removed to Civil Hospital Moga. Fire arm injuries were found on head and face, which were declared dangerous to life. It was submitted by learned counsel for the petitioner that the petitioner is coming in custody since the month of March 2010 and conclusion of trial will take a long time. A complaint has been filed against the accused-party and both those cases are being tried together. It is still to be determined as to which party was aggressor. Keeping in view the nature of the injuries caused by the present petitioner with the help of fire arm and the seat of those injuries, I am not inclined to grant benefit of bail to the petitioner. The petition is dismissed accordingly. September 24, 2010 (Gurdev Singh) tripti Judge