Jaspal Singh v. State Of Punjab And ANR

CRM-M-36530 of 2020 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-36530 of 2020 Date of Decision: 11.11.2020 Jaspal Singh ......Petitioner

Versus

State of Punjab & Anr .....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Raghav Gulati, Advocate for the petitioner. Mr. Hittan Nehra, Addl.AG, Punjab.

Ms. Sudha, Advocate for the complainant.

HARINDER SINGH SIDHU, J Prayer is for grant of regular bail in case FIR No.0273 dated 08.10.2020 under Section 307 IPC and Sections 25,54 of the Arms Act, 1959 registered at P.S Division-B, District Amritsar. FIR was registered on the complaint made by Hardev Singh, who alleged that her sister Sharanjit Kaur was married with the petitioner. The petitioner used to beat his sister. On 07.10.2020, he along with son of his maternal aunt Amrik Singh @ Sonu had gone to the house of his sister where his brother-in-law (Jija) i.e present petitioner slapped his sister in front of the complainant. When the complainant stopped him from doing so, the petitioner pushed him out of the house. The complainant fell down in the street.

The petitioner is alleged to have fired a shot with an intention to kill the complainant from his pistol which hit on calf muscle of left leg of the complainant. Thereafter, the petitioner fled from the spot and the complainant was rushed to the Civil Hospital by his cousin. Learned counsel for the petitioner contends that the FIR was MANOJ KUMAR 2020.11.

CRM-M-36530 of 2020 #2# got recorded only on account of misunderstanding. In fact, incident of firing shot happened accidentally when the petitioner was cleaning his pistol. It is submitted that this fact has also been incorporated in the compromise (P.3), which is stated to have been arrived at between the parties. On the basis of compromise, petition for quashing of the FIR has also been filed before this Court wherein notice of motion has been issued. Opposing the prayer made by learned counsel for the petitioner, learned State counsel submits that the challan has not been filed as yet. Without commenting anything on the merits of the case and also bearing in mind the facts and circumstances of the case, in my opinion, no useful purpose will be served by detaining the petitioner behind bars any further. The petition, as such, is accepted. The petitioner Jaspal Singh is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

This present petition stands accepted accordingly. November 11, 2020 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2020.11.12 20:30 I attest to the accuracy and integrity of this document