Harjinder Pal Singh Alias Jinda vs State Of Punjab on 3 July, 2009

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH



                         Criminal Misc. No. M-28974 of 2008
                         Date of decision : July 03, 2009


Harjinder Pal Singh alias Jinda
                                            ....Petitioner
                         versus

State of Punjab
                                            ....Respondent


Coram:       Hon'ble Mr. Justice L.N. Mittal


Present :    Mr. DS Sandhu, Advocate for the petitioner
             Mr. Gaurav Garg Dhuriwala, AAG Punjab


L.N. Mittal, J. (Oral)

Harjinder Pal Singh alias Jinda has filed this petition for bail

in case FIR No. 61 dated 19.5.2007, under sections 302, 307, 395, 148, 149

IPC and sections 25, 27 of the Arms Act, Police Station Sultanpur Lodhi

District Kapurthala.

I have heard learned counsel for the parties and perused the

case file.

According to version in the FIR, the assailants named therein

fired at the deceased Nirmal Singh and others going in a Gypsy. The

petitioner was however not named in the FIR. In subsequent statements,

the petitioner was also named and was said to have fired from .315 bore

rifle hitting on the deceased on his shoulder. Petitioner’s co-accused

Kuldeep Singh also fired at the deceased. Accused Ranjit Singh alias Rana

fired at witness Ranjit Singh who was also inflicted injuries with sabble.
Criminal Misc. No. M-28974 of 2008 -2-

Learned counsel for the petitioner contends that the petitioner

was not named in the FIR. It is also contended that PW Ranjit Singh who

stated before the police that the petitioner had fired at the deceased has

appeared in the witness box as PW1 and has not stated in the witness box

that the petitioner had fired at the deceased. No other witness is said to

have made any statement before the police that the petitioner had fired at the

deceased or anybody else. The petitioner is in custody since 24.9.2007 i.e.

for more than one year and nine months. It is also contended that co-

accused Ranjit Singh alias Rana who had fired at witness Ranjit Singh has

since been released on bail.

Learned State counsel contends that the petitioner in his extra

judicial confession has stated that he had fired from his rifle although he

had not said as to on whom the fire was directed or who was hit.

Keeping in view all the circumstances but without meaning to

express any opinion on the merits, the instant bail petition is allowed. The

petitioner is ordered to be released on bail on furnishing bail bonds to the

satisfaction of learned Chief Judicial Magistrate/Duty Magistrate,

Kapurthala.

                                                       ( L.N. Mittal )
July 03, 2009                                               Judge
   'dalbir'