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
I have heard learned counsel for the parties and perused the
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,
( L.N. Mittal ) July 03, 2009 Judge 'dalbir'