AMANPREET SINGH @ GHULLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of two petitions bearing Crl. Misc. No. M -28676 and M -29960 of 2011 for grant of pre -arrest bail in a cross -version case which has been registered at the instance of Parveen Kumari, mother of Ravi Sihota. It will be relevant to submit that the original FIR No.73 of 2011 at Police Station Division No.4, Ludhiana, was registered at the instance of petitioner Amanpreet Singh alleging that Ravi Sihota and Sunny @ Billa and their accomplices called him to Fauzi Market for effecting compromise and during the conversation, gun shot was fired by Ravi Sihota hitting Amanpreet Singh on his left shoulder. A case of intention to kill was registered against Ravi Sihota and his accomplices on July 22, 2011 But thereafter on July 22, 2011, a DDR No.31 was recorded at the instance of Parveen Kumari, the mother of main accused in the abovesaid FIR alleging that on July 22, 2011 at 4.30 p.m. when her son did not return and she was told about the location of her son she went to see Ravi Sihota in the Fauzi market where she found that her son Ravi Sihota alongwith his friend Sunny @ Billa and 3/4 other boys were talking with each other. In the meanwhile 6/7 boys including petitioner Mandeep Singh and petitioner Amanpreet Singh came on motorcycle. Mandeep Singh was carrying a pistol in his hand. He fired a shot on Ravi Sihota with an intention to kill him. Her son fell down. His friends tried to save Ravi Sihota. Both the parties grappled each other. In the meantime, Mandeep Singh fired second shot which hit on the shoulder of Amanpreet Singh. On the basis of said cross -version, Amanpreet Singh and Mandeep Singh have been booked in a cross -version.

(2.) I have heard counsel for the petitioners and State counsel and gone through the record. It is an admitted fact that it is petitioner Amanpreet Singh who has injured in the incident. During the course of trial, the question which is required to be decided would be whether Amanpreet Singh petitioner was hit by Ravi Sihota or Mandeep Singh -his own companion. Besides this, it will be a debatable question whether Mandeep Singh, petitioner had any intention to cause injury to Amanpreet Singh as claimed by complainant Parveen Kumari in cross -version. When Mandeep does not attribute any injury to Amanpreet Singh, both Amanpreet Singh and Mandeep Singh can be granted the concession of pre -arrest bail.

(3.) PETITIONS are allowed and it is ordered that in case of arrest of the petitioners, they will be released on bail to the satisfaction of the arresting officer subject to the following conditions: