Amritpal Singh @ Babbu v. State Of Punjab

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: - 21.09.2015 Amritpal Singh @ Babbu

...Petitioner

Versus

State of Punjab ..Respondent CORAM: HON'BLE MR. JUSTICE SHEKHER DHAWAN

Present:

Mr. G.B.S. Dhillon, Advocate, for the petitioner.

Mr. Varun Sharma, A.A.G., Punjab, for the State.

**** SHEKHER DHAWAN Present petition for release of petitioner Amritpal Singh @ Babbu on regular bail in FIR No.87 dated 02.08.2014, under Sections 302, 148, 149 IPC and Sections 25/27 of The Arms Act, registered at Police Station Sangat, District Bathinda.

2.

Prosecution case that on 02.08.2014 at about 6.00, Navjot Singh, Hardev Singh and Ranjit Singh were sitting on Dhaba. One Innova vehicle came from the side of Bathinda and parked there and four persons alighted, out of whom, two were armed with fire arms and two were armed with hockey. Out of them one was Gobind Singh and he was armed with .12 bore gun and second person was Mangu Singh and he was having deadly

-2weapon and they started firing gun shots and two persons along with them had hooted and these persons can be identified on appearance. Out of fear, Navjot Singh laid down on the ground and Hardev Singh received gunshot injuries. All the accused ran away from the spot along with their respective weapons.

3.

Learned counsel for the petitioner submitted that the petitioner is not named in the FIR. Deceased had suffered a single injury, which is attributed to co-accused Gobind Singh. Innova car, in which, accused persons came at the spot belongs to other person. Petitioner is in custody since 29.10.2014 and trial of the case still to take some more time. So, he be released on bail.

4.

Learned State counsel opposed the bail application on the ground that petitioner along with other co-accused committed the heinous crime of murder. Petitioner does not deserve the concession of bail and his bail application be dismissed.

5.

Having considered the submissions made by learned counsel for the parties and the fact that petitioner was not named in the FIR nor in the supplementary statement, whereas two persons were named specifically. No injury has been attributed to the petitioner. Gobind Singh is a main accused, who is attributed to the injuries. There is no motive attributed to the present petitioner. Petitioner is in custody since 29.10.2014 and trial of the case still to take some more time.

6.

In view of above facts, present petitioner Amritpal Singh @ Babbu is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of learned trial Judge/Duty Magistrate.

-3Needless to mention that, nothing observed here-in-above, would reflect, on merits in the trial of the main case, in any manner. September 21, 2015 (SHEKHER DHAWAN) naresh.k Judge