IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc.No.M-21606 of 2011 Dated of decision:-26.08.2011 Simranpal Singh .....Petitioner Versus State of Punjab .....Respondent Present: Mr. S.S. Majithia, Advocate for the petitioner. Mr. D. S. Mann, AAG, Punjab. *** S.S. SARON, J. Heard counsel for the parties. Petitioner-Simranpal Singh seeks regular bail in a case registered against him on 21.06.2010 for the offences under Sections 302, 308, 323, 148, 149, 427, 294 and 506 of the Indian Penal Code (IPC-for short) registered at Police Station City Jagraon, District Ludhiana. The said FIR was registered on the complaint of Gurdeep Singh son of Balwinder Singh resident of village Kothe Sher Jang Police Station City Jagraon Distt. Ludhiana. In the incident that occurred on the night of 20.06.2010, the petitioner Simranpal Singh was armed with a rod and he gave a rod blow on the back of Ranjit Singh (deceased). The said injury was not an injury found in the postmortem report (Annexure P-2) of Ranjit Singh. In the postmortem report (Annexure P-2) injuries on the skull and on the chest have been found. The petitioner had earlier filed Criminal Miscellaneous No.M- 5536 of 2011 which was dismissed by this Court on 15.03.2011. In the translation of the FIR in the said criminal miscellaneous petition, it was Crl. Misc.No.M-21606 of 2011 - 2 – stated that Simranpal Singh (petitioner) gave a blow with a rod in his hand in the abdomen of Ranjit Singh. While declining the bail, it was observed that Simranpal Singh (petitioner) gave a blow with an iron rod in his hand in the abdomen of Ranjit Singh (deceased). However, learned counsel appearing for the petitioner has pointed out that in fact the injury attributed to the petitioner Simranpal Singh is on the back of Ranjit Singh (deceased) and not in his abdomen. This mistake had occurred due to wrong translation of the FIR. It may be noticed that the prosecution has cited 26 witnesses and so far only two namely Gurdeep Singh and Hardeep Singh have been examined. Twenty four witnesses remain to be examined. Besides, Jagroop Singh alias Roopa who had filed Criminal Miscellaneous No.M- 29872 of 2010 has been granted bail by this Court on 04.02.2011. It was observed that the said petitioner was not attributed any injury on the person of Ranjit Singh (deceased) but was attributed an injury on the left side of the chest of Hardip Singh. Criminal Miscellaneous No.M-6046 of 2011 filed by Tarsem Singh has been allowed by this Court on 04.03.2011. Similarly, Gurnam Singh who filed Criminal Miscellaneous No.M-11502 of 2011, was granted bail by this Court on 08.06.2011. Dharam Pal Singh alias Dharma filed Criminal Miscellaneous No.M-12311 of 2011, which was allowed by this Court on 08.06.2011. The said petitioner had inflicted injury with a rod on the left arm of the deceased whereas in the postmortem report no such injury had been found. The bail petition of Sonu Singh alias Sonu i.e. Criminal Miscellaneous No.M-21500 of 2011 was dismissed by this Court on 08.08.2011, besides, Criminal Miscellaneous No.M-21515 of 2011 filed Karam Singh alias Kama has been dismissed as withdrawn on 08.08.2011. The role attributed to the Simarpal Singh (petitioner) is similar to that of Dharam Pal Singh alias Dharma, who has been granted the concession of bail. The injury attributed on the back of Ranjit Singh Crl. Misc.No.M-21606 of 2011 - 3 – (deceased) has indeed not been found in the postmortem report of Ranjit Singh (deceased). The trial in the case is likely to take time as 24 witnesses remain to be examined. The petitioner is in custody since 24.06.2010. Accordingly, criminal miscellaneous petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of learned Chief Judicial Magistrate, Ludhiana, shall be released on bail. 26.08.2011 (S.S.SARON) A.Kaundal JUDGE