Crl. Misc. No. M- 32865 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 32865 of 2010 (O&M) Date of decision: January 6, 2011 Sodhi Singh ...Petitioner Versus State of Punjab ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. S.S. Siao, Advocate, for the petitioner. Mr. PS Bajwa, DAG, Punjab. GURDEV SINGH, J. Heard. The petitioner/accused Sodhi Singh has filed this petition under Section 439 of the Criminal Procedure Code (hereinafter referred to as 'the Code') for grant of regular bail in FIR No. 108 dated 12.10.2009 registered under Sections 323, 324, 326/34 IPC (to which Section 307 IPC was added subsequently). He has contended therein that on 10.10.2009 in the evening he, alongwith his wife and daughter Jyoti, was present in the house, when Jasvir Singh-complainant, accompanied by Jaswinder Singh, Deepa and others, criminally trespassed into his house and started using criminal force upon his wife and daughter and tried to outrage their modesty by touching their private parts. On 11.10.2009 he, alongwith his wife, was going to police station to lodge a report, when they were encircled by the above said persons near the Bus Stand, Loharan, and were given beatings by them. In Crl. Misc. No. M- 32865 of 2010 2 the occurrence he suffered three injuries. However, the police recorded the above said FIR on the statement of Jasvir Singh. No offence under Section 307 IPC is made out from the contents thereof, which was added only on the basis of the opinion given by the District Attorney. He was arrested on 4.11.2009 and he is coming in the custody since then. He is innocent and has been falsely implicated. It was narrated by the complainant Jasvir Singh in the FIR that on 11.10.2009 at about 8.30 p.m. he was winding an electric motor at the shop when the present petitioner armed with a datar, accompanied by his wife Balwinder Kaur and his brother-in-law Mulakh Ram, who was armed with a baseball, came there and raised a lalkara to teach him a lesson for entering into a quarrel. Thereafter, the petitioner gave a blow with the intention to kill him with the help of his datar which hit on his right eye and the second blow given by him hit on his left wrist. When his nephew Sandeep Singh came ahead to save him, then the petitioner gave blow with the intention to kill him with the help of his datar which hit on the right side of his forehead. Mulakh Ram gave a blow with his baseball on the left side of the chest of Sandeep. When Gurdeep Singh came ahead to save him, the petitioner gave a blow with his dater on his left shoulder. None of the injuries on the person of these persons were dangerous to life. However, injuries on the person of Jasvir Singh were declared as grievous. It is very much clear from the FIR itself that injury of the same duration was found on the person of the petitioner and his version was also to be investigated. According to the petitioner his wife had given an application (Annexure P/1) to the SSP, Jalandhar, regarding that cross-version. It is a case of version and cross-version. The petitioner is Crl. Misc. No. M- 32865 of 2010 3 coming in the custody since 4.11.2009. There is no possibility of the conclusion of the trial at an early date as it is an admitted fact that an application has been filed by the State under Section 319 of the Code for summoning additional accused, which is still pending. Keeping all these facts and without expressing any opinion on the merits of the case, the petitioner is released on bail to the satisfaction of the trial court/CJM, Jalandhar, subject to the following conditions:- (i) He shall not offer any threat, promise or inducement to any person acquainted with the facts of the case so as to dissuade him from disclosing the same to the investigating officer/Court; and (ii) He shall not leave the limits of this country without prior permission of the Court. January 6, 2011 (GURDEV SINGH ) prem JUDGE