RINKA @ PARAMDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer under Section 439 Code of Criminal Procedure is for grant of regular bail in case FIR No. 56 dated 9.5.2010 under Sections 302/148/149 IPC and 25/27 of the Arms Act, Police Station Division No. 2, Jalandhar.

(2.) As per the allegations in the FIR, petitioner along with 16 other co-accused, who were armed with base ball bats, kirpan and main accused-Pankaj armed with revolver came at the place of occurrence while exhorting and attacked Sahil-brother of the complainant thereby causing his death.

(3.) Learned Counsel submits that no specific role has been attributed to the petitioner and that the only gun shot injury is ascribed to the main accused-Pankaj. He further submits that as per post mortem report, deceased-Sahil has suffered three injuries out of which two are only abrasions on the foot and third is the fatal gun shot injury, and that too alleged to have been caused by said Pankaj, who has also suffered fourteen injuries as per the MLR (P.1) and as per the report under Section 173 Code of Criminal Procedure (P.3) out of which injuries Nos. 1 to 13 were sharp and injury No. 14 was blunt and that injuries Nos. 2, 8, 9, 10, 11 and 14 were declared grievous in nature whereas injuries Nos. 9 to 13 were opined to be dangerous to life and consequently on 25.5.2010, cross version on the statement of main accused Pankaj from the petitioner's side was also recorded. It is further stated that said Pankaj remained admitted in hospital from 9.5.2010 to 16.6.2010 and is not being arrested by the police because of his physical condition.