IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc.No.M-14348 of 2011 Dated of decision:-26.08.2011 Prabhjit Singh alias Jyoti .....Petitioner Versus State of Punjab .....Respondent Present: Mr. Rajesh K. Dadwal, Advocate for the petitioner. Mr. D. S. Mann, AAG, Punjab. *** S.S. SARON, J. Heard counsel for the parties. Petitioner-Prabhjit Singh alias Jyoti seeks regular bail in a case registered against him on 27.07.2009 for the offences under Sections 324, 326, 307 and 34 of the Indian Penal Code (IPC-for short) registered at Police Station Bullowal, District Hoshiarpur. The earlier petition i.e. Criminal Miscellaneous No. M-31019 of 2010 filed by the petitioner was dismissed on 10.02.2011. Thereafter the co-accused of the petitioner namely Navjot Singh alias Sidhu filed Criminal Miscellaneous No.M-6566 of 2011 which was allowed by this Court on 18.04.2011. The complainant-Baljit Singh on 24.07.2009 was returning to his village on his scooter after paying obesiance at Gurudwara Garha Sahib. At about 9/9.15 pm, he reached near Darbar Baba Shammi Shah near the gate of the village. At that time three boys of the complainant’s village namely Navjot Singh alias Sidhu son of Dilbag Singh, Jyoti alias Prabhjit Singh (petitioner) and Navu sons of Harbans Singh came on a Crl. Misc.No.M-14348 of 2011 - 2 – Splender motorcycle. Prabhjit Singh alias Jyoti (petitioner) and Navjot Singh alias Sidhu were armed with ‘Kirpans’ while Navu was armed with a ‘datar’. They turned their motorcycle at once after Baljit Singh (complainant). Prabhjit Singh alias Jyoti (petitioner) was driving the motorcycle and he brought the motorcycle parallel to the scooter of Baljit Singh (complainant). Navjot Singh alias Sidhu who was sitting on the back seat of the motorcycle gave a kirpan blow from the blunt side to Baljit Singh (complainant), which hit him on his back and he fell down from the scooter. Thereafter Prabhjit Singh alias Jyoti (petitioner) inflicted a kirpan blow on the left shoulder while Navjot Singh alias Sidhu gave two kirpan blows on the complainant, which hit him on the wedge between little and ring finger of right hand and on his right index finger. Prabhjit Singh alias Jyoti then inflicted a blow on the right elbow. Meanwhile, Navu gave a datar blow on the left bicep of the complainant. Thereafter Navjot Singh alias Sidhu gave a kirpan blow on the right thumb and Navu gave a datar blow on the left knee of the complainant. Then, Prabhjit Singh alias Jyoti (petitioner) gave a kirpan blow which hit in between the left wrist and elbow and the second blow he gave on left wrist of the complainant. Then Navu gave a datar blow which hit below the right knee on the leg of the complainant and he fell down. While the complainant was lying on the ground, Navjot Singh alias Sidhu gave a kirpan blow to the complainant which hit him on the left arm elbow. Therafter all the abovesaid three persons with an intention to kill the complainant almost killed him. On hearing the cries of the complainant, his uncle Bahadur Singh son of Piara Singh and one Rajwant Singh son of Kundan Singh came at the spot. The assailant on seeing them fled away from the spot on their motorcycle. The cause of grudge was that about one year back, the complainant had a dispute with the accused regarding the health club in the village. The matter was compromised. However, the accused kept a grudge in their heart and due to that they caused injuries to the accused. Crl. Misc.No.M-14348 of 2011 - 3 – The petitioner is in custody since the date of the incident i.e. 27.08.2009. The trial in the case was nearing completion. However, now the prosecution has filed an application under Section 311 Cr.P.C for examination of Dr. Naresh Kumar, Medical Civil Hospital, Hoshiarpur to prove the MLR of Baljit Singh (complainant), besides, also examine Bhupinder Singh Patwari to prove the site plan of the place of occurrence. On the last date of hearing i.e. on 12.08.2011 , learned State counsel had submitted that out of sixteen witnesses, the prosecution had examined five witnesses and given up eleven witnesses and closed their evidence. The case was listed for hearing on 16.08.2011. On 24.08.2011, an application has been filed for examination of two more witnesses. It may also be noticed that as per deposition of Dr. Jaswinder Singh (PW-4), the injuries No.1 to 7 were declared grievous in nature and injuries No.8 to 11 were declared as simple. Besides, the Medical Board had declared that injuries on the person of Baljit Singh (complainant) could have been collectively dangerous to life without proper medical treatment of the patient. The effect of the same is to be gone into by the learned trial Court. It may, however, be noticed that all the injuries on the person of the injured Baljit Singh were observed to be on non-vital parts of the body. Therefore, it is to be ascertained by the trial Court whether offence under Section 307 IPC is made out or not. Keeping in view the fact that the co-accused of the petitioner namely Navjot Singh alias Sidhu has been granted the concession of bail on 18.04.2011, moreover injuries on the person of the complainant are on non-vital parts of the body, as also the fact that the prosecution has now moved for summoning two more additional witnesses and the fact that the petitioner is in custody for about two years, it would be just and expedient that he is granted the concession of bail. Crl. Misc.No.M-14348 of 2011 - 4 – Accordingly, criminal miscellaneous petition is allowed and during the pendency of the trial, the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Hoshiarpur, shall be released on bail. 26.08.2011 (S.S.SARON) A.Kaundal JUDGE