High Court of Punjab and Haryana, Chandigarh
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Makhan Singh v. State of Punjab - CRM-28367-2006  RD-P&H 4023 (12 July 2006)
Makhan Singh vs State of Punjab
Present : Mr.L.S.Sidhu, Advocate,
for the petitioner.
Mr.B.S.Baath, AAG, Punjab.
The petitioner seeks grant of regular bail in case FIR No.32, dated 8.3.2006, registered under Sections 307/323/336/427/148/149 of the IPC, and Sections 25/27/54/59 of the Arms Act, at Police Station City Mansa.
Counsel for the petitioner contends that the petitioner has only been attributed gun shots in the air. It is further contended that the injury, which answers to the description of an offence under Section 307 of the IPC has been attributed to one Pritpal Singh @ Dali. It is further contended that there is a history of enmity between the two unions. The petitioner belongs to the truck union, whereas the complainant belongs to the canter union. It is prayed that as no injury has been attributed to the petitioner, he be released on bail.
Counsel for the respondent, on the other hand, contends that as gun shots were fired and injuries inflicted, the petitioner be denied the concession of bail.
I have heard learned counsel for the parties and perused the record.
An altercation, between the members of a canter union and those of a truck union, led to the lodging of the present FIR. The petitioner is alleged to have fired gun shots in the air. Admittedly, no injury has been Crl.Misc.No.28367.M of 2006 : 2 :
attributed to him. The injury, that answers to the description of an offence, under Section 307 of the IPC, has been attributed to Pritpal Singh. As investigation has concluded with the presentation of a challan, further incarceration of the petitioner is unwarranted. Counsel for the respondent has not expressed any apprehension that if released on bail, the petitioner would tamper with the prosecution evidence or in any manner subvert the process of trial.
Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Mansa.
Nothing, stated herein, shall be construed to be an expression of opinion, on the merits of the controversy.
( RAJIVE BHALLA )
July 18, 2006. JUDGE
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