PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
Kuldeep Tiwari, J.
Jaspal Singh @ Fauji - Appellant
Versus
State Of Punjab – Respondent
CRM-M-16164-2024
Decided on : 09-04-2024
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.218 dated 04.12.2023, under Sections 307, 323, 148 and 149 of IPC, and under Sections 25 and 27 of the Arms Act, 1959, registered at Police Station Sadar Ferozepur, Tehsil & District Ferozepur, Punjab.ALLEGATIONS AGAINST THE PETITIONER
2. The prosecution story as unfold from the reading of the instant FIR, which reads as under:-
"Statement of Gurjant Singh son of Amar Singh son of Tan Singh resident of Attari, Police Station Arif Ke, District Ferozepur age 35, mobile no. 94654-18065 that I am resident of the above mentioned address and priest at Gurudwara. Yesterday around 7 o'clock, I along with my uncle's (Taya) son Dharminder Singh son of Sucha Singh and my father Amar Singh were coming to Ferozepur City for our household work on their motorbikes. I was riding my motorcycle bearing registration number PB-05-AG-4125 and my father and cousin were coming behind me. It was around 7:30 PM, when I arrived near of Nawa Sodde Wala, then a car number bearing registration no. PB02 BL 8884 Swift car came in high speed from the front side, which hit with my motorcycle and I fell on the road. My cousin Dharminder Singh and father also reached who said to the car driver that you hit the boy, why did you not drive carefully, car driver was along with another person and two other women and they were arguing with my father & also abusing and they came, then one person came from the front shop, he hit air pump on shoulder of my father Amar Singh and they quarreled, then woman came out of the car and raised voice that why did you keep gun, they are quarreling with us, then car driver shot fire with his gun with the intention to kill which hit in the stomach of my cousin Dharminder Singh, then my father and I screamed "maar dita maar difta", the accused left the said car and ran away. Later on, my father arranged a ride and he admitting my cousin Dharminder Singh and me at Civil Hospital Ferozepur. We personally searched for the driver of the car who shot bullet and found their name is Jaspal Singh Fauji son of Hira Singh resident of Jawahar Nagar, Mehta Road, Sri Amritsar, Harpal Singh son of Ratan Singh resident of Round Khera, Police Station Qila Lal Singh District Gurdaspur and shopkeeper namely Harpal Sharma son of Prem Lal resident of New Sodde Wala, police station Sadar Ferozepur. Jaspal Singh Fauji and two unknown women have injured me by hitting car and shot bullet at my cousin Dharminder Singh with the intention of killing him. So, take legal action against them and provide justice. The statement has been written and heard over. My cousin Dharminder Singh has been referred to DMC Ludhiana due to severe health. I have been discharged. I was coming to you to write a statement, the statement has been written and heard which is correct, Sd/- Gurjant Singh, Gurjant Singh son of Amar Singh, verified by ASI Gurnam Singh, Police Station Sadar Ferozepur dated 04.12.2023. Police Action: Today 1 ASI was present at the police station, then the MHC of police station produced an MLR No. 315/AA/MLR/CHF/2023 of Gurjant Singh son of Amar Singh resident of Attari in which total four injuries were sustained. All the injuries are blunt and injury no. 1 has been placed under X-Ray and in Memo (Ruka) No. 2065 dated 03-12-2023 of Dharminder Singh son of Sucha Singh resident of Attari which wrote that he is injured by bullet of weapon. I ASI was going along with HC Ramesh Kumar 1263, CT Manveer Singh 659/FZR, PHG Davinder Kumar 6061, PHG Jarnail Singh 5828 and were going to Civil Hospital Ferozepur on private vehicle for recording statement, when I ASI reached at the gate of Civil Hospital Ferozepur, then Gurjant Singh met and he recorded his statement before me which was read over to him, after admitted the same to be correct, he signed in English Language below his statement which it ver
The main legal point established in the judgment is the principle that bail is the rule and jail is an exception, emphasizing the presumption of innocence and the right to a speedy trial.
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