In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 31933 of 2008 Date of Decision:14-01-2009 Kirpal Singh and another ---Petitioners versus State of Punjab ---Respondent Coram: HON'BLE Ms. JUSTICE SABINA Present: Mr. R.K.Girdhar,Advocate, for the petitioners Mr.Aman Deep Singh Rai, AAG, Punjab. SABINA, J.(Oral) Petitioners have filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail to them in case FIR No. 92 dated 7.5.2007 under Sections 302, 326, 325,324,323,148, 149 of the Indian Penal Code registered at Police Station Sadar Malout, District Muktsar. As per the prosecution case, Sukhchain Singh was attacked by the accused on 6.5.2007 at about 7/7-30 p.m. Resham Singh inflicted injury with kapa on the left eye brow of the complainant (since deceased). Thereafter, Ghakki gave a Kirpan blow on the left arm of the complainant. Kirpal Singh gave a gandasi blow which hit above the right ankle of the complainant. Resham Singh gave another kapa blow on the left wrist of the complainant. Kirpal Singh gave a gandasi blow on the right elbow of the complainant. Mehna gave a kapa blow on the right wrist of the complainant. Kirpal Singh gave a gandasi blow on the left leg of Sukhwinder Singh, who had come to rescue the complainant. Charanjit Crl. Misc. No. M- 31933 of 2008 -2- Singh @ Channi cought hold of Sukhwinder Singh from his hair and gave a fist blow on his face. Ladi gave a dang blow on the back of Sukhwinder Singh. Ladi, Babbu and Puran Singh gave dang and sotas blow on the person of the complainant. Learned counsel for the petitioners has submitted that the petitioners were in custody since 3.6.2007. Kirpal Singh -petitioner No. 1 was not attributed any fatal injury on the person of the deceased. So far as petitioner No. 2-Charanjit Singh @ Gurcharan Singh, was concerned, he was attributed fist blow on the person of the injured witness Sukhwinder Singh. Kirpal Singh was also attributed a gandasi blow on the person of the injured witness. As per DDR No. 15 dated 15.5.2007, recorded at Police Station, Sadar Malout, death of Sukhchain Singh has taken place on account of consumption of poppy husk. Learned counsel for the petitioner has further submitted that Rachhpal Singh @ Ghakki, co-accused, who was similarly situated, had been allowed bail by this Court on 18.11.2008 vide orders Annexure P-2. Learned State counsel, on the other hand, has opposed the bail application. In the present case, petitioners are in custody since 3.6.2007. No fatal injury has been attributed to the petitioners. As per the DDR report., death of Sukhchain Singh has taken place on account of consumption of poppy husk. Accordingly, this petition is allowed. Petitioners be admitted to bail to the satisfaction of the Chief Judicial Magistrate, Muktsar. (SABINA) JUDGE January 14, 2009 PARAMJIT