Crl. Misc No. M-21197 of 2009 (O&M) 1 .. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc No. M-21197 of 2009 (O&M) Date of Decision : October 23, 2009 Gurdeep Singh ...... Petitioner Versus State of Punjab .... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Vipin Mahajan, Advocate for the Petitioner. Mr. Jaswinder Singh, DAG, Punjab with Mr. Navjit Singh Sodhi, Advocate, for the complainant. NAWAB SINGH J.(ORAL) Gurdeep Singh – petitioner is facing trial in case bearing First Information Report No. 26 dated April 22nd, 2007 under Sections 148, 307, 323, 325 read with Section 149 IPC and Section 25 and 27 of Arms Act, registered at Police Station Rangar Nangal, District Gurdaspur. Story of prosecution is that on April 21st, 2007 at about 9.30 p.m., Gurbinder Singh along with his brother Harbinder Singh- injured was on their way to their house after closing the shop at Mehta Chowk. They were way-laid by the petitioner and his co- accused. Petitioner fired with his .12 bore gun upon Harbinder Singh. He received three injuries on his person. By order dated July 28th, 2008, the earlier bail application, bearing Criminal Misc. No. M-8646 of 2008, filed by the Crl. Misc No. M-21197 of 2009 (O&M) 2 .. petitioner, was dismissed by this Court. For facilitation, the operative part of the said order is reproduced as under :- “ Against this, learned State Counsel, assisted by Mr. Onkar Singh Sodhi, Advocate for the Complainant, has urged that a perusal of the Medico-legal Report shows that Harbinder Singh received fire arms injuries in the left anterolateral chest wall, mediastinu, left lobe of liver and upon abdomen. On November 01, 2007, he was again examined at Post Graduate Institute of Medical Sciences, Chandigarh. One of the pellet from the chest was removed so, in view of the injuries received on the person of Harbinder Singh, it is not a case where bail should be allowed to the petitioner.” Petitioner filed Special Leave Petition impugning the aforesaid order. The Special Leave Petition was dismissed by Hon`ble the Supreme Court by order dated October 3rd, 2008, (Annexure P/12), with the observation that it would be open for the petitioner to apply afresh for bail before the appropriate authority. Accordingly, the petitioner filed bail application before the trial Court, but the same was dismissed by order dated February 3rd, 2009 (Annexure P/13). Argument of learned counsel for the petitioner is three- fold, (i) that Dr. Kirpal Singh (PW-1), has deposed that injuries received on the person of the injured were simple; (ii) that the petitioner is in judicial custody since June, 2007 and (iii) that the pellet from the chest of Harbinder Singh (injured) was not removed, as stated at bar by learned State counsel during the hearing of the earlier bail application. So, he should be allowed bail. On the other hand, learned State counsel, assisted by Shri Navjit Singh Sodhi, Advocate for the complainant, has urged that from the medical evidence, it is established that the injured received a fire-arm injury on his chest with .12 bore gun. He was medico- Crl. Misc No. M-21197 of 2009 (O&M) 3 .. legally examined in the Department of Surgery, Guru Nanak Hospital, Amritsar (Government Hospital) on November 12th, 2007. The medical report is as under :- “ Patient was admitted in Guru Nanak Dev Hospital, Amritsar vide C.R. No. 02869 dated 25.6.2007 through Surgical OPD with Gunshot Pellets in chest. Patient was investigated and found to be having radioopaque shadows and on local examination pellets were palpable in chest wall subcutaneously. Patient was stable. On 27.6.2007, patient was operated under local anaesthesia and pellet in chest was removed. Patient was having uneventful recovery and no complication in postoperative period. Patient was discharged on 29.6.2007.” Without commenting in detail on the merits of the case, suffice it to say that there appears to be sufficient material evidence against the petitioner, which dis-entitles him to the concession of bail. Dismissed. (NAWAB SINGH) JUDGE October 23, 2009 som