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[Cites 10, Cited by 1]

Punjab-Haryana High Court

Narvinder Singh @ Kala vs State Of Punjab --Respondent on 21 July, 2011

Author: Rakesh Kumar Jain

Bench: Rakesh Kumar Jain

In the Punjab and Haryana High Court, at Chandigarh.

            CRM-M- 3837 of 2011
            Decided on July 21,2011


Narvinder Singh @ Kala                              --Petitioner

             vs.


State of Punjab                                   --Respondent

CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr. V.K.Kaushal, Advocate, for the petitioner.

Mr. A.S.Rai,DAG, Punjab.

Rakesh Kumar Jain,J:(Oral) This is a petition for regular bail pending trial under Section 439 of the Code of the Criminal Procedure, 1973 (for short,'Cr.P.C.') in a case registered vide FIR No.191 dated 30.9.2008, under Sections 307,323,324, 341,506,148,149 of the IPC at Police Station Sultanwind, District Amritsar.

Allegation against the petitioner is that he had given two kirpan blows on the head of the complainant. The injuries were found to be dangerous to life, as a result of which, he has been booked under Section 307 of the IPC.

Learned counsel for the petitioner submits that other co- accused have already been released on bail and the petitioner is in custody for about two years.

In reply, learned counsel for the State has pointed out that the other co-accused who have been granted bail are attributed simple injuries whereas the petitioner is the main accused in this case who is attributed two kirpan blows on the head of the complainant. He submits that the CRM-M- 3837 of 2011 -2- occurrence took place on 27.9.2009 and the complainant regained consciousness on 30.9.2009 when his statement was recorded. Learned counsel for the respondent on instructions from ASI Avtar Singh submits that eight other cases are also registered against the petitioner which are reproduced below:-

1.FIR No.435, dated 05.11.07 U/s 382/34 IPC P.S. Civil Line Amritsar.
2.FIR No.365, dated 16.09.2007 U/s 382 IPC P.S. Civil Line Amritsar.
3.FIR No.152, dated 07.05.2007 U/s 382/34 IPC P.S. Civil Line Amritsar.
4.FIR No.116, dated 11.03.2010 U/s 384/506 IPC P.S. Civil Line Amritsar.
5.FIR No.505, dated 07.12.2007 U/s 382/34 IPC P.S. Sadar Amritsar.
6.FIR No.241, dated 04.12.07 U/s 323/324/148/149 IPC P.S.B. Division Amritsar.
7.FIR No.191, dated 30.09.2008 U/s 307/324/323/148/341 IPC P.S. Sultanwind Amritsar.
8.FIR No.211/5, U/s 498/-A/511 IPC P.S. Chhehata Amritsar.".

In view of the above, I do not find it to be a fit case for bail and hence the petition is dismissed.

July 21,2011                                     (Rakesh Kumar Jain)
RR                                                       Judge