Sohan Singh vs State Of Punjab on 23 January, 2009

      In the High Court of Punjab and Haryana at Chandigarh


                      Criminal Misc. No. M-34062 of 2008
                      Date of decision: 23.1.2009


Sohan Singh

                                                     ......Petitioner

                       Versus



State of Punjab

                                                  .......Respondent


CORAM: HON'BLE MRS. JUSTICE SABINA

Present:   Mr.SPS Sidhu, Advocate,
           for the petitioner.

           Mr.Amandeep Singh Rai, AAG, Punjab.
                ****


SABINA, J.

This petition has been filed under Section 439 of the

Code of Criminal Procedure (“Cr.P.C” for short) for grant of regular

bail to the petitioner in case bearing FIR No.96 dated 31.3.2008,

under Sections 302/324/323/148/149 of the Indian Penal Code,

registered at Police Station Sadar, Ferozepur.

As per the case of the prosecution, the petitioner had

inflicted a gandasa blow on the left eye brow of the injured Kulwant

Singh. The said injury was declared to be simple in nature. Laddu

Singh, co-accused, gave a kappa blow on the person of Santro,

mother of the complainant, on her head and due to this injury she

died. Bahal Singh, father of the complainant, also suffered injuries

inflicted by Mukhtiar Singh, Chhinder Singh and Wazira, in the
Criminal Misc. No. M-34062 of 2008 -2-

alleged occurrence.

Learned counsel for the petitioner has submitted that it is

a case of cross-version. The only injury attributed to the petitioner on

the person of Kulwant Singh-complainant is simple in nature. The

petitioner has also suffered grievous injuries in the occurrence. Bahal

Singh had later died as he was suffering from Tuberculosis.

Learned State counsel, on the other hand, has opposed

the petition.

After hearing learned counsel for the petitioner as well as

learned State counsel, I am of the opinion that the present petition

deserves to be allowed.

The petitioner is in custody since 30.7.2008 and has also

suffered grievous injuries in the alleged occurrence. It is a case of

cross-version. The petitioner is attributed a simple injury on the

person of the complainant.

Accordingly, without expressing any opinion on the merits

of the case, this petition is allowed. The petitioner is ordered to be

admitted to bail subject to the satisfaction of learned Chief Judicial

Magistrate, Ferozerpur.

(SABINA)
JUDGE
January 23, 2009
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