Mangat Ram Alias Mangi v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-12.11.2024 Mangat Ram @ Mangi ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

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

***** FIR No.

Dated Police Station Section/s 29.6.2023 Civil Lines Batala, Police District Batala, District Gurdaspur 307, 326, 323, 324, 341, 201, 148 and 149 of Indian Penal Code 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 Daljit Singh wherein it is alleged that on 23.06.2023 his son Kanwaljeet Singh who had gone to the fields was surrounded by Gurmeet Singh armed with a 'datar', Sabha armed with a 'baseball slugger', Beeti armed with a 'sword', Mangi armed with a 'stick' and Manjit Kaur empty handed along with 4 unknown persons. It is alleged that Manjit Kaur raised a 'lalkara' exhorting her companions to teach complainant's son Kanwaljeet Singh a lesson and upon which Gurmeet Singh gave two blows with 'datar' on the head of Kanwaljeet Singh. Beeti is stated

( 2 ) to have inflicted a blow hitting on left hand of Kanwaljeet Singh; Sabha is stated to have given a blow with baseball slugger on left leg of Kanwaljeet Singh and Mangi is alleged to have given a blow with 'stick' on the right ankle of Kanwaljeet Singh. It is further alleged that other unknown persons also gave beatings to the complainant's son and thereafter Manjit Kaur is stated to have dragged him from his hair.

3.

Learned counsel for the petitioner submitted that the petitioner is not attributed any grievous injury or any injury on vital part and is attributed a simple injury on right ankle of injured Kanwaljeet Singh. It has further been submitted that the petitioner has been behind bars since the last about 5 months and 25 days. It has been informed that since identically situated coaccused namely Saba Singh @ Baljit Singh has already been granted bail by this Court vide order dated 22.10.2024 passed in CRM-M-45859-2021 (Annexure P-4), the petitioner also deserves the same concession on grounds of parity.

4.

Opposing the petition, learned State counsel submitted that since the petitioner is specifically named in the FIR and is attributed a specific injury, his complicity is clearly evident. However, it has not been denied that the petitioner has been behind bars for a substantial period of about 5 months & 25 days. It has also been informed that challan already stands presented and charges are yet to be framed and as many as 21 PWs have been cited. 5.

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

Without commenting anything as regards merits of the case, but having regard to the substantial custody of the petitioner i.e. 5 months & 25 days and

( 3 ) that identically situated co-accused namely Saba Singh @ Baljit Singh has already been granted bail by this Court vide order dated 22.10.2024 passed in CRM-M-45859-2021 (Annexure P-4), the instant petition is accepted and the petitioner is ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

12.11.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No