RAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 95 dated 21.5.2010, under Sections 452/ 323/ 148/ 149/ 379 and 308 (added later on) of the Indian Penal Code registered at Police Station Raikot, Police District Ludhiana Rural District Ludhiana. The allegations against the petitioners are that petitioner No.1 had inflicted injury on the shoulder of injured Ramandeep Singh with a gandasa and petitioner No.2 had inflicted an injury on the index finger of his right hand with a gandasa . Due to this reason, now there will be no movement of the index finger of the right hand of the complainant. Learned counsel for the petitioners has submitted that the petitioners are in custody since 22.5.2010. Challan has already been presented in this case and the petitioners are not required for further investigation. Learned State counsel, who is assisted by learned counsel for the complainant, on the other hand, has opposed this petition. Keeping in view the nature of injuries alleged to have been inflicted by the petitioners and the fact that the petitioners are in custody since 22.5.2010, it would be just and expedient to release the petitioners on bail. The fact that whether the petitioners are guilty of the alleged offence or not would more appropriately be gone into and considered during trial. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioners are ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Ludhiana.