Jugraj Singh And ORS v. State Of Punjab

CRM-M 16195/2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:20/05/2016.

Jugraj Singh and others ............Petitioners vs State of Punjab .............Respondent CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.SPS Sidhu,Advocate for the petitioner.

Mz.Rimplejeet Kaur,AAG Punjab assisted by ASI Mangal Singh Mr.Nakul Sharma,Advocate for the complainant. Jaswant Singh,J(Oral) Prayer is for grant of anticipatory bail on behalf of accused petitioners Jugraj Singh, Nirmal Singh,Gurpal Singh @ Gala and Harpal Singh @ Bhola in case FIR No.43 dated 28.5.2015 under Sections 302,323,34,148,149 IPC,PS Mallanwala, Distt.Ferozepur. In the eye witness account of injured Raj Kaur, her husband Nishan Singh was murdered over a land dispute by 10 named accused persons including present petitioners, who upon investigation were found innocent and placed in column no.2 in the challan/police report. They were,however, summoned under Section 193 Cr.PC by the learned trial court to face trial as additional accused at the time of consideration of charge.

It is stated that petitioner no.1-Jugraj Singh was empty handed and he caught hold the sister-in-law of the complainant; petitioner no.2Nirmal Singh was allegedly armed with a gandasi and is alleged to have caught hold of complainant-Raj Kaur; petitioner no.3-Pal Singh was allegedly armed with a spade, raised a lalkara and caused injuries to complainant-Raj Kaur;while petitioner no.4-Harpal Singh was also RAJINDER PRASHAD JOSHI 2016.05.20 18:02 I attest to the accuracy and integrity of this document allegedly armed with a spade and caused injuries to the complainant.

CRM-M 16195/2016 It is contended that in the light of role attributed not having been found to be correct the petitioners are entitled to be released on bail. Vide order dated 11.5.2016 while issuing notice of motion it was directed that in the event of surrendering before the trial court within 7 days, petitioners be released on interim bail. At the time of hearing today,learned counsel states that in compliance of the said order, petitioners surrendered before the trial court on 16.5.2016 and were released on interim bail. Learned State counsel on instructions is unable to refute the said factual position.

In view of the above interim bail granted by the trial court, pursuant to the order dated 11.5.2016, is made absolute. Disposed of.

20.05.2016 (Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2016.05.20 18:02 I attest to the accuracy and integrity of this document