KULDEEP TIWARI
Gurwinder Singh alias Jugnu – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Kuldeep Tiwari, J.
1. Through the instant petition, the petitioner craves for indulgence of this Court for them being enlarged on regular bail, in case FIR No.352 dated 07.10.2023, under Sections 302 , 34, 148, 149 of IPC ( Sections 307 , 452, 323, 325 and 304 IPC added, and Sections 302 and 307 IPC deleted, later on), registered at Police Station City Faridkot, Faridkot.
2. The case, as set up by the prosecution agency, is that the instant FIR was registered on a statement made by one Baldev Singh, son of Atma Singh, which became the bedrock for the registration of the instant FIR. Initially the FIR was registered under Sections 302 /34, 148 and 149 IPC, however, on the basis of the medical opinion, the offence under Section 302 IPC, was deleted, and offence under Section 304 IPC, was added later on.
3. As per the case of the complainant, one accused-Sandeep alias Bony alongwith 8-10 other persons, caused injuries to persons namely, Arshdeep Singh, Jashandeep Singh, Tejinder Singh and Mohit Kakkar, and furthermore, Tejinder Singh succumbed to the injuries, as caused by accused persons in the instant occurrence. The relevant part of the FIR reads as under:-
The court established that insufficient evidence linking the petitioner directly to the cause of death justified granting bail, reaffirming the principle that charges should be substantiated to uphol....
The court ruled that allegations of grievous injuries justified denial of anticipatory bail due to the severity of the charges and roles of the accused.
Grant of bail - when a co-accused has been granted bail by the High Court, then it would be justified to grant bail to another accused who is in Jail for more than one year.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
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