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2023 Supreme(P&H) 294

VIKAS BAHL
Harwinder Singh @ Kala – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sandeep Wadhawan, Advocate and Mr. Suvir Tandon, Advocate
For the Respondent: Mr. Ferry Sofat, Adv

JUDGMENT :

VIKAS BAHL, J.

1. This is a second petition filed under Section 439 of Cr.P.C. for grant of regular bail to the petitioner in FIR No.86 dated 19.11.2019 registered under Sections 302, 148, 149 of the Indian Penal Code, 1860 (Sections 506 and 120-B of IPC have been added later on) and Section 25 of the Arms Act No.27 of 1959 registered at Police Station Kotli Surat Mallian, District Batala.

2. Learned counsel for the petitioner has submitted that FIR, in the present case, has been registered on the statement of Sandeep Singh and in the said FIR, three persons were specifically named i.e. Balwinder Singh who was stated to be armed with daatar, Mandeep Singh and Major Singh, both stated to be armed with pistol. It is further submitted that the petitioner has not been named in the FIR although it has been stated that there were 4- 5 other unidentified persons, out of whom, one person was armed with a pistol. It is contended that with respect to the unidentified persons, no specific injury caused to deceased-Dalbir Singh has been attributed to them in the FIR and that the complainant, thereafter, recorded supplementary statement on 19.11.2019 itself, in which also, he has not na

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