Sohan Singh v. State Of Punjab

CRM-M-33652 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33652 of 2017 Date of Decision: 13.11.2017 Sohan Singh ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Amaninder Singh Sekhon, Advocate for the petitioner.

Mr. Sandeep Kumar, D.A.G., Punjab.

Mr. Rajan Bansal, Advocate for Mr. Ashish Gupta, Advocate for complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No. 84 dated 09.04.2013 registered for offences punishable under Sections 302, 307 of Indian Penal Code (for short 'IPC') and 25/27 of the Arms Act, at Police Station City/Kotwali Faridkot, District Faridkot. Heard.

In the FIR registered on 09.04.2013 on the statement of Gurbax Singh son of Gurcharan Singh, it was alleged that petitioner-Sohan Singh was armed with dang at the time of occurrence and he alongwith other accused caused injuries to Sharanjit Singh in the occurrence that took place at Jaitu City at about 05.00 p.m. Ranjit Singh had suffered a firearm injury in that occurrence, which was caused by Teja Singh. In the evening Chamkaur Singh came to hospital, gave firearm injuries to Ranjit Singh and Jitender Kumar 2017.11.13 15:38 I attest to the accuracy and integrity of this document CHANDIGARH

CRM-M-33652 of 2017 -2Sharanjit Singh, resulting in death of Ranjit Singh. Learned counsel for the petitioner submits that the petitioner has no role in the second occurrence and the police during investigation has found him innocent. Even otherwise, he has no role in the murder of Ranjit Singh or causing firearm injury to Sharanjit Singh in the hospital. Learned trial Court has summoned the petitioner on the application of prosecution filed under Section 319 Cr.P.C. The petitioner has already been subjected to interrogation and has been found innocent, as such, his custodial interrogation is not required. It has been submitted that the petitioner has surrendered before the trial Court under order dated 11.09.2017 and has been allowed interim bail.

Keeping in view above facts but without expressing any opinion on the merits of the case, this petition is allowed and order dated 11.09.2017 is made absolute, subject to the condition that petitioner will keep on appearing before trial Court on each and every date of hearing. In the event of his non-appearance on any date without permission, the trial Court will be competent to cancel his bail and forfeit the bail bond and surety bond and proceed against him in accordance with law. November 13, 2017 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2017.11.