Punjab-Haryana High Court
Jagraj Singh vs State Of Punjab on 17 April, 2012
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
CRM No.M-2858 of 2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-2858 of 2012(O&M)
Date of Decision: April 17, 2012.
Jagraj Singh
..........PETITIONER(s).
VERSUS
State of Punjab
.........RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present: Mr. Anil Chaudhary, Advocate
for the petitioner.
Mr. P.S. Paul, D.A.G. Punjab,
counsel for respondent-State.
*******
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed under Section 439 of Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.22 dated 11.05.2010 under Sections 302, 304, 323, 324, 325, 148 read with Section 149 of Indian Penal Code registered at Police Station Chhajli, District Sangrur.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Sangrur, dismissing the bail application filed on behalf of the petitioner.
CRM No.M-2858 of 2012 -2-
Brief allegations against the petitioner-accused are that on 09.05.2010 he along with other co-accused while armed with deadly weapons came on the land of complainant. Co-accused Baghel Singh was driving a Ford tractor and he tried to plough the land forcibly. Co-accused Pargat Singh was armed with a gandasa, whereas Bhola Singh and Kala Singh were having sticks. Co-accused Balbir Kaur and wife of Pargat Singh were having brick bats. When the complainant tried to stop him to plough the said land forcibly, all of them attacked the deceased. Co- accused Pargat Singh gave gandasa blow on the back side of his head. Bhola Singh gave stick blow on his right hand. Present petitioner, who was armed with stick, gave a blow which hit on his right shoulder. Co-accused Kala Singh gave a stick blow on the back of the complainant and he fell down. Baghel Singh drove the tractor towards the complainant and the rear tyre of the tractor passed over his left thigh. There are further allegations that present petitioner-accused also attacked Ram Singh who received injury on his right shoulder and who also fell down.
It has been contended by learned counsel for the petitioner that he has been continuing in custody since 14.06.2010 and fatal injury has not been attributed to him, rather, injury attributed to him with stick was on non-vital part i.e. right shoulder. It has been further contended that complainant died after about 21 days of receiving the alleged injuries. He has also placed reliance upon Baljit Singh @ Gaggu Vs. State of Punjab 2007(3) R.C.R. (Criminal) 8; Bahadur Singh Vs. State of Haryana 2008 (1) R.C.R. (Criminal) 271; Sattey alias Satbir Singh Vs. State of Haryana 2008(1) R.C.R. (Criminal) 794; Ran Singh Vs. State of Haryana 2004(4) R.C.R. (Criminal) 580; Krishan Vs. State of Haryana 2001(1) R.C.R. CRM No.M-2858 of 2012 -3- (Criminal) 213; and Balvir Singh Vs. State of Punjab 2000(4) R.C.R. (Criminal) 681.
Bail application has been opposed by learned counsel for the State on the plea that petitioner along with co-accused armed with deadly weapons attacked the complainant and caused injuries to him resulting into his death. Hence, it is contended that in view of these serious allegations, he is not entitled for bail.
There are serious allegations against the petitioner-accused. Main witnesses are yet to be examined. Hence, keeping in view these facts and without expressing anything on the merit of the case, I am of the view that it is not such a case in which concession of bail should be granted to the accused. There is no merit in the instant application for bail filed by petitioner Jagraj Singh. The same is, hereby, dismissed.
( RAM CHAND GUPTA ) April 17, 2012. JUDGE Sachin M.