Krishan Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision: 5.9.2024 Krishan Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Karanjeet Singh Brar, Advocate for the petitioner. Mr. Prabhdeep Singh Dhaliwal, AAG, Punjab.

***** FIR No.

Dated Police Station Section/s 30.7.2024 Khui Khera, District Fazilka 115(2), 118(1), 333, 324(4), 191(3), 190 of Bharatiya Nyaya Sanhita, 2023 (BNS) GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner seeks grant of regular bail in respect of the aforementioned FIR.

2.

The FIR was lodged at the instance of Parkash Kaur. The translated gist of the FIR reads as under:- "On 28.07.2024 at about 8.15 am, when she along with her mother Hardevan Bai and son Navdeep Singh was present in the house, Baldev Singh @ Ghakku armed with 'kapa', Ranvijay Singh @ Vicky armed with 'kasia', Krishan Singh armed with 'dang', Jaswant Singh armed with 'dang', Harbans Singh armed with 'dang', Prem Singh armed

( 2 ) with 'dasta', Ravinder Kaur @ Harmindo Kaur carrying a brick bat and Paramjit Kaur carrying a brick bat entered her house and Ravinder Kaur @ Harmindo Kaur raised a 'lalkara' and they should be teach a lesson for taking their daughter-in-law.

Meanwhile, Baldev Singh @ Ghakku gave a 'kapa' blow and when she raised her left hand to save from that blow, 'kapa' hit her left little finger from its sharp side, which was chopped off and fell on the earth, then Ranvijay Singh @ Vicky gave a 'kasia' blow from its reverse side hitting left side of her stomach, then Krishan Singh gave a 'dang' blow hitting her right shoulder, Jaswant Singh gave a 'dang' blow hitting her left shoulder, then Harbans Singh gave a 'dang' blow hitting her right thigh, Prem Singh gave a 'dasta' blow hitting her back, Ravinder Kaur @ Harmindo Kaur and Paramjit Kaur kept on throwing brick bats towards their house, due to which, window pans of their house were broken. She fell on the ground and all the aforesaid assailants caused her injuries.

Due to fear, her son ran away by climbing the wall, while her mother, being an extremely old lady, could not come forward for her help. The assailants broke the CCTV cameras installed in their house and some the CCTV cameras were taken over by the assailants with them."

3.

Learned counsel for the petitioner submits that the petitioner is not attributed any grievous injury and was admittedly carrying only a stick. It has been submitted that on account of a petty dispute, a large number of members of the family of the petitioner have been involved falsely. It has been submitted that the petitioner in any case has been behind bars since the last about 1 month and otherwise has a clean record.

4.

Opposing the petition, learned State counsel submits that since the petitioner is specifically named in the FIR and the accused have inflicted as many as a total of 6 injuries including 3 injuries with sharp edged weapons, the

( 3 ) petitioner does not deserve to be released on bail. It has, however, been informed that the petitioner has been behind bars since the last about 1 month.

5.

This Court has considered rival submissions addressed before this Court. 6.

Having regard to the facts and circumstances of the case particularly the fact that the petitioner is not attributed any grievous injury and admittedly was armed with a stick, this Court finds that the instant case to be a fit case for grant of bail.

7.

The instant petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned Trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

5.9.2024 ( Gurvinder Singh Gill ) Geeta/P Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No