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2022 Supreme(P&H) 1058

HARSIMRAN SINGH SETHI
Kirpal Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Mr. A.P.S. Deol, Senior Advocate, With; Mr. Arshdeep Singh Brar, Advocate, for the Petitioner.; Mr. Sandeep Singh Deol, Deputy Advocate General, Punjab.; Mr. Arihant Jain, Advocate, With; Mr. Rishan Jain, Advocate, for the Complainant.

JUDGMENT

Harsimran Singh Sethi J. (Oral) - Present petition has been filed under Section 439 Cr.P.C for the grant of regular bail to the petitioner in respect of FIR No.225 dated 30.10.2021 registered under Sections 307, 506, 109, 34 and 120-B of the IPC, 1860 and Sections 25 and 27 of the Arms Act, 1959 at Police Station Dirba, District Sangrur.

2. Learned senior counsel for the petitioner argues that the petitioner has been roped in the present FIR only on the basis of the statement of one Gurjant Singh according to which, the petitioner is part of the conspiracy, which led to the incident, which took place on 29.10.2021 wherein, co-accused namely Karamjit Singh @ Karma had used firearm tocause injuries to the victims. Learned senior counsel for the petitioner submits that first of all, statement of Gurjant Singh is such that it does not state whether, the petitioner instigated the co-accused so as to direct the said co-accused to give effect to the incident, which happened on 29.10.2021 as to inflict injury upon the victims and even otherwise, initially, when the said statement of Gurjant Singh was appreciated during investigation by a DSP level Officer, the petitioner was not fou

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