In the High Court for the States of Punjab and Haryana at Chandigarh.
CRM-M 14355 of 2009 (O&M)
Decided on Aug 12,2009.
Swaran Singh -- Petitioner
vs.
The State of Punjab --Respondent.
CORAM:HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
Present: Mr.H.S.Sandhu,Advocate, for the petitioner
Mr.K.D.Sachdeva,Addl.A.G.Punjab, for the
respondent/State.
Rakesh Kumar Jain, J:
Apprehending his arrest, the petitioner has applied for
anticipatory bail in case registered vide FIR No.222 dated 18.9.2007 under
Sections 302,148,149 IPC and 25/27/54/59 of the Arms Act, at Police
Station, Sadar, Ferozepur, in which he has been summoned in the
proceedings under Section 319 Cr.P.C.
Learned counsel for the petitioner has submitted that the
petitioner was found innocent during investigation by the police and even if
he was allegedly member of unlawful assembly, he was only armed with .
315 bore gun and had fired in the air without causing any injury. He
further submits that interim order of his arrest was granted by this Court
and in terms of which he had appeared before the Court below and has
been released on bail.
CRM-M 14355 of 2009 (O&M) -3-
As against this, learned State Counsel has vehemently argued
that the petitioner does not deserve any concession of anticipatory bail and
his participation in the crime is writ large as he was armed with .315 bore
gun and had initiated the occurrence by raising alarm. Not only that, he
also fired a shot in the air.
It is further submitted that in the said incident, Sarup Singh
son of Gajjan Singh, Manjit Singh son of Mohinder Singh and the
petitioner who is the son of Gajjan Singh, were all carrying fire arms and
caused the death of Jagsir Singh.
After hearing the learned counsel for the parties and keeping
in view the gravity of the offence, I do not find it to be a fit case for grant
of anticipatory bail. Hence the bail application is hereby dismissed.
Aug 12,2009 (Rakesh Kumar Jain) RR Judge