In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 34758 of 2010 (O&M) Date of decision: 17.12.2010 Sukhdev Singh @ Sukha and another ......Petitioners Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.H.S.Gill, Sr.Advocate with Mr.TPS Mann, Advocate, for the petitioners. Mr.S.S.Bhinder, Sr.Addl.AG, Punjab. Mr.K.S.Kahlon, Advocate for the complainant **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 116 dated 29.9.2010, under Sections 341, 324, 323, 506, 148, 149 and Sections 307, 326 (added later on) of the Indian Penal Code registered at Police Station Bullowal District Hoshiarpur. The contents of the FIR, as reproduced in para 1 of the petition, read as under:- “Yesterday on 27.9.2009 at about 9.15 pm after taking dinner, I was going from of my house to look after the Criminal Misc. No.M- 34758 of 2010 (O&M) -2- cattle in the cattle shed. One calf was found moving freely. My uncle Salinder Singh s/o Babu had gone out of house on the road with his dog. My uncle went to catch hold of untied calf. Gurpreet Singh @ Gopi s/o Sukhdev Singh r/o Khanpur Thiara came from opposite site in his Getz car bearing No.PB-07-S-4660. Sukhdev Singh @ Sukha s/o Santosh Singh, Jasbir Singh s/o Naginder Singh, Harkamal Singh s/o Harmesh Singh, Charanpreet Singh @ Channa s/o Avtar Singh @ Kala r/o village Khanpur Thiara were sitting in the car. Gurpreet Singh @ Gopi tried to run over his czar upon me and my uncle Salinder Singh but we saved ourselves immediately. In the meantime Gopi stopped his car. Sukhdev Singh @ Sukha alighted from the car and raised lalkara to catch hold us and not to spare us. On hearing noises Navi and Sukhjinder Singh came from their house who were accompanied by two unknown persons to whom I can identify on seeing them. Sukhjinder Singh @ Sukha who was armed with kirpan gave two blows hitting above and below the elbow of my right hand. Charanpreet Singh @ Channa who was armed with datar gave blow hitting on back on the left flank. Gurpreet Singh who was armed with iron patti gave blow on my little finger and thumb of my right hand. My uncle Salinder Singh came to rescue Criminal Misc. No.M- 34758 of 2010 (O&M) -3- me but the assailants also caused injuries to him on his head, left arm and on his legs. I and my uncle Salinder Singh raised noises “killed-killed”. On hearing our noises my grand father Dyal Singh, Dalip Singh and uncle Onkar Singh came to the spot. All the assailants alongwith their respective weapons who were raising lalkaras and threatening to kill us ran away from the spot. My uncle Onkar Singh arranged for vehicle and got admitted my uncle Salinder Singh where doctor gave him treatment and referred him to CMC Ludhiana. Due to fear I concealed my self. I got my treatment from private doctor. Today 28.9.2010 along with Satwant Singh got myself medico legally examined and got MLR prepared i.e. MLR No.BDK/213/10 dated 28.9.2010.” Learned senior counsel for the petitioners has submitted that petitioner No.1 had allegedly raised a lalkara. Petitioner No.2 was not named in the FIR but he was named by injured Salinder Singh. Even the statement of the said witness was recorded after eight days of the occurrence. Petitioner No.2 had inflicted an injury on the arm of injured Salinder Singh. Injury attracting offence under Section 307 IPC is not attributed to the petitioners and is attributed to non-applicant Jasvir Singh. The petitioners are in custody since 6.10.2010. Learned State counsel, who is assisted by learned Criminal Misc. No.M- 34758 of 2010 (O&M) -4- counsel for the complainant, on the other hand, has opposed this petition. Keeping in view the fact that the petitioners are in custody since 6.10.2010; only a lalkara is attributed to petitioner No.1, whereas petitioner No.2 is attributed an injury on the arm of injured Salinder Singh and the fact that Injury attracting offence under Section 307 IPC is not attributed to petitioner no.2, it would be just and expedient to release the petitioners on bail. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioners are ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Hoshiarpur. (SABINA) JUDGE December 17, 2010 anita