HARPHUL SINGH BRAR
Major Singh – Appellant
Versus
State Of Punjab – Respondent
Harphul Singh Brar, J.
1. The petitioner has filed this petition praying therein for transfer of case titled as State v. Pawan Kumar etc. bearing FIR No. 116, dated May 10, 1990. Police Station Sangrur under sections 302/307/34, Indian Penal Code, from the Court of Shri Gurdial Singh, Additional Sessions Judge, Barnala, to some other Court of competent jurisdiction.
2. The main grounds of transfer of the case from the Court of Shri Gurdial Singh. Additional Sessions Judge, Barnala are a) that the learned Additional Sessions Judge granted bail to two accused Chhota Singh and Gurdev Singh on November 29, 1990 when specific injuries on the person of deceased are attributed to both these accused, and (b) that on November 29, 1990 the learned Additional Sessions Judge heard the arguments for bail of Chhota Singh and Gurdev Singh accused in the morning hour and pronounced the order of bail later on after about an hour. The complainant petitioner was himself present at the time of pronouncement of bail order and grumbled saying the following words to the learned Additional Sessions Judge :
"Janab Ne Inhan Di Jamanat Kar Diti Hai, Inhan Ne Mera Bap Mariya Hai."
The learned Addition
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