Charanjit Singh vs State of Punjab

S.S.Saron, J.—Heard learned Counsel for the parties.

The Petitioner seeks a regular bail in a case registered against him on 9.5.2007 for the offences under Sections 307, 326, 323 read with Section 149, 341, 506 and 148 IPC.

The FIR in the case has been registered on the statement of Saudagar Singh son of Darbara Singh. In the incident that occurred on 7.5.2007, the Petitioner is alleged to be armed with a Gandasi and is attributed a Gandasi blow on the backside of the head of the complainant Saudagar Singh.

During investigation, the Petitioner was found innocent and was not sent-up for trial and kept in column No. 2 of the charge-report (challan) that was filed. Statement of the complainant-Saudagar Singh was recorded by the learned Additional Sessions Judge, Ludhiana on 3.11.2010 in which it is reiterated by the complainant-Saudagar Singh that the Petitioner inflicted a Gandasi blow on the backside of his head on the lef side. In terms of the medical report (Annexure-P.3) of Saudagar Singh, injry No. 9 is a lacerated wound 4 cm. x 1 cm. length on the left occipital reg on which is attributed to the Petitioner. The said injury No. 9 has beendes ribed as simple in nature vide report (Annexure-P.4). However, it is men ioned that all injuries cumulatively were dangerous to life as the patient at he time of admission was in a state of shock. The allegation whether the offence u/s 307 IPC is made out or not against the Petitioner is to be considered and gone into by the tria l Court after evidence is complete. The Petitioner was found innocent during investigation; besides, the injury att ibuted to him has been opined to be simple in nature.

In the circumstances, the Petitioner on his furnishing personal bond and surety to the satisfaction of learned Chief Judicial Magistrate, Ludhiana shall be admitted to bail.

The criminal miscellaneous petition stands disposed of.