BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE Petitioner - Baldev Singh son of Hakam Singh seeks pre -arrest bail in a case registered against him on 10.7.2008 for the offences under Sections 302, 307, 325, 356, 336, 148 and 149 IPC and Sections 25 and 27 of the Arms Act.

(3.) IT may be noticed that the FIR in the case has been registered on the statement of Sukhdeep Singh. The accused as mentioned in the FIR along with 8 -10 other unidentified persons came on a tractor trolley carrying deadly weapons on 10.8.2008 at 5 O 'Clock in the morning. They raised Lalkaras that Santokh Singh and others be taught a lesson for entering in their lands. The statement of Santokh Singh (PW7) has been recorded. On the strength of the said statement, the learned Additional Sessions Judge, Bathinda, vide her order dated 17.11.2010 (P3) has observed that the consistent testimony of said Santokh Singh (PW7) shows that Jaskaran Singh, Baldev Singh (Petitioner) son of Hakam Singh, Gurpret Singh, Baldev Singh son of Dalip Singh and Jagtar Singh had caused injuries to Santokh Singh, Baldev Singh, Harbans Singh, Hardev Singh, Subhash Chand, Labh Singh and Jit Singh with their respective weapons, as a result of which condition of Labh Singh, Harbans Singh and Sukhdev Singh became serious who succumbed to their injuries. Therefore, it was observed, that the aforesaid accused have committed offences under Sections 302, 325, 323, 356, 336, 148 and 149 IPC and Sections 25 and 27 of the Arms Act. They have been summoned in terms of the said order. The Petitioner, however, was not sent up for trial as in two separate inquiries, he was found innocent. One inquiry was conducted by SP (D) Bathinda, who submitted his report dated 7.9.2008 (P4). The second inquiry was conducted by the SP (Rural) and SHO PS Sangat. Their report was submitted on 24.11.2008. In the said reports also, the Petitioner was kept in column No. 2 of the charge report (challan) that was filed.