IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-23450 of 2009 Date of decision : October 06, 2009 Mangal Singh alias Gurmangat Singh and another ....Petitioners versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. RK Handa, Advocate, for the petitioners Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) By this common order I am disposing of two petitions i.e. Criminal Misc. No. M-23450 of 2009 filed by Mangal Singh alias Gurmangat Singh and Kanwaljit Singh and Criminal Misc. No. M-25031 of 2009 filed by Capt. Gulzar Singh, all seeking bail in FIR No. 229 dated 24.12.2008, under sections 302, 307, 341, 148, 149 IPC read with section 25 of the Arms Act, Police Station Ajnala (Chander), District Amritsar. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, petitioner Gulzar Singh and his sons Harjinder Singh and Ravinder Singh armed with .12 bore double barrel rifle (gun), petitioners Mangal Singh and Kanwaljit Singh armed with dangs and other co-accused attacked the complainant party. No Criminal Misc. No. M-23450 of 2009 -2- specific role has been attributed to petitioner Mangal Singh. Petitioner Kanwaljit Singh along with two others allegedly attacked the tractor of the complainant party. According to the FIR, Harjinder Singh non-petitioner fired the fatal shot resulting in death of Gagandeep Singh. Ravinder Singh non-petitioner and Gulzar Singh petitioner fired a shot each hitting right upper arm and chest of the complainant. However, in supplementary statements, the complainant and also witness Gurmeet Singh stated that both shots which hit the complainant were fired by Ravinder Singh and no shot was fired by Gulzar Singh petitioner. Petitioners Mangal Singh and Gulzar Singh are in custody since 31.12.2008 and Kanwaljit Singh since 26.12.2008 i.e. all of them for more than nine months. As per supplementary statements and inquiry, no specific role has been attributed to Gulzar Singh petitioner as submitted by learned State counsel on instructions from ASI Manjit Singh. No role has either been attributed to petitioner Mangal Singh and the only role attributed to Kanwaljit Singh is that he along with others attacked the tractor of the complainant party and did not attack any person. In view of the aforesaid but without meaning to express any opinion on merits, both the bail petitions are allowed. Bail to all the three petitioners to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Amritsar. ( L.N. Mittal ) October 06, 2009 Judge 'dalbir'