BALKAUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Petitioner in the present case is an accused in FIR No. 47 dated 18.3.2009, initially registered under Sections 307, 336, 381, 323 IPC and 27 of the Arms Act at Police Station City, Mansa.

(2.) THE Petitioner was arrested, however, was released on bail considering the fact that police had withdrawn the charge under Section 307 IPC. The challan was also presented by the police, initially under Sections 336, 381, 323 IPC and 27 of the Arms Act but consequent to the filing of challan in the Court, an application was filed by the prosecution for adding charge under Section 307 IPC as well. Considering the fact that there was gun shot injury attributed to the Petitioner, which caused injury on the shoulder of Manjit Singh, at this stage the Petitioner is apprehending that if he may be charged under Section 307 IPC, taken in custody.

(3.) CONSIDERING the fact that the Petitioner has been charged under Section 307 IPC as well, in view of the allegations regarding gun shot injury on the shoulder of the injured and on the earlier occasion regular bail having been granted to the Petitioner when the allegations under Section 307 IPC were not there in the FIR, in my opinion the Petitioner has to apply for regular bail afresh after surrender before the court below, which shall be considered on the merits of the case.