Manbeer Singh v. State Of Punjab

IN THE PUNJAB AND HARYANA HIGH COURT AT

CHANDIGARH CRM-M-31866-2014 Date of Decision : 20.04.2015 Manbeer Singh .......... Petitioner

Versus

State of Punjab ...... Respondent ***** CORAM : HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present :

Mr. C.M. Munjal, Advocate for the petitioner.

Mr. A.S. Kaler, DAG, Punjab.

**** 1.

Whether Reporters of Local papers may be allowed to see the judgment?

2.

To be referred to the Reporters or not?

3.

Whether the judgment should be reported in the Digest? RAJ MOHAN SINGH, J. (ORAL) Petitioner seeks grant of regular bail under Section 439 Cr.P.C. in case bearing FIR No. 32 dated 12.2.2014 under Sections 148, 302, 307, 120-B, 149 IPC and Section 25 of the Arms Act, registered at Police Station Jandiala Guru, District Amritsar.

The petitioner and others members of an unlawful assembly are alleged to have caused injuries to Diwan Singh, Raghbir Singh, Pradeep Singh, Tarsem Singh, Harchand Singh, Kashmir Singh and Mukhtiar Singh. Judgepreet Singh son of Balkar Singh died on account of injuries attributed to Gursharandeep Singh son of Gurpal Singh. The part attributed to the petitioner is that he took out a revolver from his dub and fired shots in the air. Learned counsel for the petitioner states that no recovery of any weapon has been effected from him nor any specific injury has been attributed on the person of an injured person. The fatal injury is SATYAWAN 2015.04.21 11:51 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-31866-2014 -2attributed to Gursharandeep Singh, who is at large. Out of total nine accused, six accused, namely, Kirpal Singh, Jasbir Singh, Navjot Singh, Balwinder Kaur, Sandeep Singh @ Gaja and Shagandeep Singh have already been granted regular bail.

Learned counsel for the complainant, on the other hand, vehemently argued that out of 37 witnesses two have already been examined. On 10.4.2015, the cross-examinations of Raghbir Singh and Diwan Singh were completed, however, the present PWs, namely, Tarsem Singh, Harchand Singh, Kashmir Singh and Mukhtar Singh could not be examined as the Court time was over.

Mr. Kaler, on instructions from ASI Dhanwinder Singh, however, admits that no recovery of weapon has been effected from the petitioner and six of the accused have already been granted bail. At this stage without adverting to any merits of this case, I am of the view that the petitioner deserves regular bail in view of the fact that no injury is attributed to the petitioner and six of the accused persons have already been granted bail.

Accordingly, the petitioner is ordered to be released on regular bail, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of Chief Judicial Magistrate, Amritsar. Nothing expressed hereinabove would be construed to be an expression of any opinion on merits of the case. (RAJ MOHAN SINGH) JUDGE 20.04.2015 'SP'

SATYAWAN 2015.04.21 11:51 I attest to the accuracy and authenticity of this document High Court Chandigarh