Dapinder Singh vs State of Punjab

T.P.S. Mann, J.—Prayer made in the petition is for grant of regular bail to the petitioner in case arising out of FIR No. 49 dated 11.07.2013 under Sections 326-A, 307, 406, 498-A and 120-B IPC registered at Police Station Ajitwal, District Moga.

As per the prosecution, on 11.07.2013, complainant Shamsher Singh, along with his daughter Mandeep Kaur, was going on his scooter Bajaj Chetak bearing No. PB-25B-3859 to Moga Court in connection with the divorce case going on between Mandeep Kaur and her husband Harvinder Singh. At about 9.30 a.m., when they reached village Kokri Kalan, two motorcycles came from behind. On each of the motorcycles, two persons were sitting. On one of the motorcycles, Harvinder Singh was riding pillion and was holding a jug filled with acid. The two motorcyclists brought their motorcycle on each side of the scooter driven by the complainant. With an intent to kill, Harvinder Singh poured acid on Mandeep Kaur. When the complainant and Mandeep Kaur tried to save themselves, Harvinder Singh poured more acid on both of them as a result of which they were badly burnt and fell on the road. Harvinder Singh and three others, who were on the two motorcycles escaped from the spot.

The petitioner was not named as an accused in the aforementioned FIR. However, during investigation, it surfaced that it was the petitioner who was driving the second motorcycle and one Parwan Singh was on its pillion seat. The petitioner was, accordingly, arrested on 15.07.2013 and is behind the bars ever since then.

Learned State counsel as well as learned counsel for the complainant have vehemently opposed the prayer for bail by submitting that a serious crime has been committed by the petitioner and his co-accused. As a result of acid poured by Harvinder Singh, both Shamsher Singh and Mandeep Kaur received grievous injuries. It is also submitted that the petitioner drove the motorcycle in such a way that the complainant and his daughter were not able to escape from the spot. On being asked by the Court, learned State counsel has stated that out of 18 witnesses, cited by the prosecution, none has been examined so far.

Without commenting on the merits, lest it may prejudice the case of either party, this Court is of the considered view that the petitioner deserves the concession of bail.

Resultantly, the petition is accepted. Bail to the satisfaction of Chief Judicial Magistrate, Moga.