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2010 Supreme(P&H) 643

2010(1) LAW HERALD (P&H) 474
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice S.S. Saron
Criminal Misc. No.M-32666 of 2009
Satgur Singh
v.
State of Punjab
{Decided on 27/01/2010}

Advocates:
For the Petitioner:Mr. Preetinder Singh Ahluwalia, Advocate.
For the Respondent-State:Mr. Shilesh Gupta, Deputy Advocate General, Punjab.
For the Complainant:Mr. Tejinder Pal Singh, Advocate.

Headnote:Indian Penal Code, 1860, S.307--Arms Act, S.25--Criminal Procedure Code, 1973, S.439--Bail--Attempt to murder--Injury on foot of complainant by firing shot--Challan is filed and charges are framed--Petitioner in custody since 16.9.2009--Trial in case to take time--Prosecution is to establish whether petitioner had intention to commit offence of murder--Keeping in view the fact that the injury is attributed to the complainant on the foot; besides, it is simple in nature as also the fact that no empties of the shots said to have been fired have been recovered, it would be just and expedient if the petitioner is admitted to bail. (P.4)

       

JUDGMENT

S.S. Saron, J.:- Heard learned counsel for the parties.

2. The petitioner seeks regular bail in a case registered against him for the offences under Section 307 IPC and Section 25 of the Arms Act.

3. The FIR has been registered on the statement of Mohinder Singh, who has alleged that on 14.8.2009, he (complainant) along with his son Jarmal Singh were coming to their house on their respective bicycles. After reaching the outer limit of the village, the complainant got down from his cycle and was walking along with his cycle by holding the handle bar with his hand. As the complainant had got down, Jarmal Singh went some distance ahead of him. When the complainant reached near the house of Naib Singh, Panch, he saw a gathering there on the pucca road. Besides, Jarmal Singh, the son of the complainant, there were Naib Singh Panch, Kuldeep Singh and also Satgur Singh (petitioner). Satgur Singh had his licensed revolver in his hand and he was firing while hurling abuses. Satgur Singh (petitioner) fired shots towards Jarmal Singh son of the complainant and also fired shots with his revolver at the complainant. Jarmal Singh and the complainant tried to escape . In spite of that, when Satgur Singh (petitioner) fired shots upon them, one shot hit left foot of the complainant on the upper side. It is alleged that Satgur Singh was firing shots in great anger with an intention to kill them. From amongst the gathering nobody tired to stop him but they were raising a noise. Then Malkiat Singh forcibly caught hold of Satgur Singh and dragged him towards his house. Jarmal Singh brought the complainant to their house from where the complainant was taken to Civil Hospital, Ahmedgarh. The doctor operated upon his foot and after extracting the bullet sent him to Civil Hospital, Malerkotla where he was undergoing treatment.

4. The challan in the case has been filed; besides, the charges have been framed. As per the medico-legal report, one round wound of 2 cm x 2 cm x 1 cm was found on the upper side of left foot with fresh bleeding present with irregular and inverted margins. After X-ray report the said injury was declared simple. The petitioner has been in custody since 16.9.2009. The trial in the case is to take time. The prosecution is to establish whether the petitioner had an intention to commit the offence of murder. Keeping in view the fact that the injury is attributed to the complainant on the foot; besides, it is simple in nature as also the fact that no empties of the shots said to have been fired have been recovered, it would be just and expedient if the petitioner is admitted to bail.

Accordingly, the criminal miscellaneous petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Sangrur shall be admitted to bail.

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