Crl. Misc. No. M-3370 of 2010 Paramjit Singh @ Pamma v. State of Punjab Present : Mr. Vipin Mahajan, Advocate for the petitioner. Mr. VPS Sidhu, AAG, Punjab. Mr. Jasbir Singh Chahal, Advocate for the complainant – Narinder Singh. *** Heard counsel for the parties. The petitioner seeks pre-arrest bail in a case registered against him on 23.9.2009 initially for the offences under Sections 325, 324, 323, 342, 506, 148/149 IPC and later the offence under Section 307 IPC was added. The FIR (Annexure P1) in the case has been registered on the statement of Narinder Singh. It is alleged by the complainant that on 20.9.2009, he along with his younger brother Sudershan Singh @ Ashok and Ashok Kumar @ Atta went to see Ram Leela at the Municipal Colony. After watching Ram Leela, they were returning on their motorcycle. The complainant was driving the motorcycle and were going to drop Ashok Kumar @ Atta in his house. When they reached at Dhaaki Road, near the shop of Billa Bhatia the street light was on. Paramjit Singh @ Pamma (petitioner) armed with a hockey stick, his brother Nimma armed with a Datar, Buta was armed with a baseball bat and Tonu armed with a baseball bat along with Kala armed with a dang, Raja armed with a hockey and Shera were standing there. Paramjit Singh @ Pamma (petitioner) and his brother Nimma stopped the motorcycle of the complainant and stated that as to why they were throwing waste of hotel in their plot and they Crl. Misc. No. M-3370 of 2010 [2] would teach them a lesson for that. The petitioner gave a hockey blow on the right side of the forehead of Narinder Singh, complainant. The other assailants also caused injuries. He (petitioner) is also attributed a hockey blow on the back of the right bicep of the complainant Narinder Singh. Then the petitioner and his brother Nimma took the complainant on a scooter to their residence at Prem Nagar and there they locked the complainant in a kothi and threatened to kill him and after sometime they threw the complainant near Housing Board Colony. In the meantime, brother of the complainant namely Sudershan Singh and Ashok Kumar came and they arranged a vehicle and took the complainant to Civil Hospital, Pathankot, where doctor examined him and also made a medico-legal report. The complainant was referred to the DMC (Dayanand Medical College), Ludhiana where he was under treatment. The reason for the fight was that about two months ago, the petitioner and his brother threw garbage on the land of the complainant and he stopped them from doing so. The petitioner is attributed a hockey blow on the right side of the forehead of the complainant; besides, a hockey blow on the back of the right bicep of the complaint Narinder Singh. The petitioner was earlier released on bail as the offences attributed to him were bailable. In terms of the medico-legal report of the complainant, injury No.1 is a lacerated wound which is 3 cms over right temporal region. The injured as per the medico-legal report suffered nine injuries in all. Injury Nos.1, 3, 4 and 5 were kept under observation and injury Nos.2, 6 to 8 and 9 were declared simple. After X-ray report, injury No.1, referred to above, was declared Crl. Misc. No. M-3370 of 2010 [3] grievous and injury Nos.3 to 5 were also declared simple. The learned Additional Sessions Judge, Gurdaspur vide order dated 14.1.2010 (Annexure P7) granted interim anticipatory bail to the petitioner. The same has, however, been declined vide order dated 29.1.2010 (Annexure P9) and the interim anticipatory bail granted on 14.1.2010 (Annexure P7) was cancelled. On 8.2.2010, interim bail was granted by this Court. Learned State counsel on instructions from Inspector Juggal Kishore, Police Station Division No.2, Pathankot has submitted that after inquiry conducted by the Deputy Superintendent of Police, Sh. Naresh Dogra, City Pathankot, the offence under Section 307 IPC has been omitted. Learned counsel appearing for the complainant has submitted that the offence had in fact rightly been added on the opinion of the Deputy District Attorney (Legal) which was given on 6.11.2009. Therefore, the deletion of the offence is improper as the opinion of the District Attorney was based on the judgment of the Supreme Court in Parsuram Pandey and others v. State of Bihar, 2004(13) SCC 189. Be that as it may, for the present, the offence under Section 307 IPC has been omitted. The complainant may pursue his other remedies in accordance with law. It may be noticed that the Medical Board of three doctors in terms of the report dated 12.10.2009 (Annexure P4) found injury No.1 to be grievous and injuries No.2 to 5 to be simple in nature. The challan in the case has not been filed and it is for the prosecution to ascertain as to what offence is made out and thereby file its challan accordingly. The Crl. Misc. No. M-3370 of 2010 [4] custody of the petitioner, it is stated, on instructions from Inspector Juggal Kishore of Police Station Division No.2, Pathankot is not required for the purposes of investigation. In the afore-notice circumstances, the interim bail granted on 8.2.2010 is made absolute. Crl. Misc. petition stands disposed of. (S.S. SARON) JUDGE March 15, 2010 amit