IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-15592 of 2009
Date of decision : July 14, 2009
Navdeep Singh alias Navi
....Petitioner
versus
State of Punjab
....Respondent
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Ms. Poonam Tara, Advocate, for the petitioner
Mr. Gaurav Garg Dhuriwala, AAG Punjab
L.N. Mittal, J. (Oral)
Navdeep Singh alias Navi has filed this petition for bail in case
FIR No. 46 dated 5.2.2009, under sections 307, 354, 186, 353 read with
section 34 IPC and 25 of Arms Act and 68(1) K of the Police Act, Police
Station Civil Line, Amritsar.
I have heard learned counsel for the parties and perused the
case file.
According to the prosecution version, six persons on three motorcycles
were teasing passer-by females. Police put barricades to stop them but they
crossed from wrong side. Riders of two motorcycles fled away but two
riders of the third motorcycle threatened the police party. The pillion rider
took out a pistol and fired at the police party but the shot was deflected as
police official wielded his danda which hit the right wrist of the
Criminal Misc. No. M-15592 of 2009 -2-
pillion rider. Both the riders of the said motorcycle were apprehended.
They disclosed the names of other four accused who had escaped on two
motorcycles. The petitioner was one of them.
Learned counsel for the petitioner contends that no specific role
has been attributed to the petitioner nor he threatened or attacked the police
party. It is also contended that the petitioner is in custody since 15.2.2009
i.e. for almost five months. It is also contended that the only role attributed
to the petitioner is that he escaped the barricades put up by the police and
was allegedly teasing some females. This factual position is not
controverted by learned State counsel after seeking instructions from HC
Gurdev Singh. However, it is also stated that a knife prohibited under the
Arms Act was recovered from the petitioner.
Keeping in view all the circumstances but without meaning to
express any opinion on the merits, the instant bail petition is allowed. Bail
to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate,
Amritsar.
( L.N. Mittal )
July 14, 2009 Judge
'dalbir'
