MANPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the present (first) petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.02 dated 03.01.2009 under Sections 326 , 325 , 323 and 324 read with Section 34 of the Indian Penal Code, 1860 registered at Police Station Adampur, District Jalandhar.

(2.) The above said FIR was registered on statement of Ranjit Singh who alleged that he is an agriculturist and his haveli was situated near the factory of Bhupinder Singh which was lying closed. Bhupinder Singh, Balwinder Singh, Manpreet Singh (present petitioner) and Harminder Singh in conspiracy with each other used to raise the voice of the stereo and he stopped them from doing so. On 27.12.2008 at about 09:30 P.M. when he was going towards his haveli and his son Karamjit Singh was going ahead of him, all the accused wrongfully restrained him (Ranjit Singh). Accused Bhupinder Singh @ Bhinda gave kirpan blow on his left hand, accused Manpreet Singh gave blows of danda on his right hand and his back. When he raised alarm his son and his wife Manjit Kaur came to rescue him from the clutches of the accused. Balwinder Singh gave daat blow to his son and Harminder Singh gave dang blow. Thereafter, the accused fled away from the spot. On investigation, the police charge sheeted the petitioner and his co-accused. On default in appearance, the petitioner was declared proclaimed offender vide order dated 03.12.2010. On trial his co-accused Bhupinder Singh and Baljinder Singh were acquitted vide judgment dated 18.08.2012 passed by learned Additional Chief Judicial Magistrate, Jalandhar. The petitioner filed CRM-M- 51190-2019 in this Court for quashing of FIR and the proclamation order which is pending.

(3.) The petitioner, who is in custody, has filed the present petition for grant of regular bail.