Sanju Alias Sahil Kumar vs State Of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1957

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KULDEEP TIWARI
Sanju Alias Sahil Kumar – Appellant
Versus
State Of Punjab – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Gagandeep Singh Simble
For the Respondent: Mr. Pardeep Bajaj, D.A.G., Punjab.

JUDGMENT :

Kuldeep Tiwari, J. (Oral)

Through the instant petition, the petitioner craves for indulgence of this Court for his being enlarged on regular bail, in case FIR No.323 dated 02.12.2023, under Sections 307/452/148/149 of the IPC, 1860, and, Sections 25/27 of the Arms Act, 1959, registered at P.S. Civil Lines Batala, District Batala.

ALLEGATION(S) AGAINST THE PETITIONER

2. The allegation(s) against the present petitioner, is that, he along with his co-accused intruded into the house of the complainant by scaling wall and thereupon, one of the assailants fired four gunshots towards the complainant, out of which, one of the gunshots hit the leg of the complainant. During the course of investigation, it has transpired that it was co-accused Gagandeep @ Poochi, who had fired the gunshots.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PETITIONER

3. The learned counsel for the petitioner, in his asking for the hereinabove extracted relief, has made the following submissions:-

(i) Petitioner has been inadvertently nominated as accused in the present FIR, as is clear from the compromise (Annexure P-2), which is entered inter se the petitioner and the respondent No.2/complainant.

(ii) Nonetheless