MAJOR SINGH Vs. GURDEV SINGH

JUDGEMENT

(1.) MAJOR Singh petitioner seeks the cancellation of the bail granted to Gurdev Singh and Chhota Singh, respondents who are standing trial in the Court of the learned Addl. Sessions Judge, Barnala in case, FIR No. 116 dated 29-11-90, registered at P.S. Barnala, under section 302/34 IPC.

(2.) ACCORDING to the version given in the FIR, dispute had arisen between the accused and the deceased and others, in the fields with respect to the cutting of the boundary line (Wat), Chhota Singh was attributed an injury with Gandasa, hitting on the shoulder of the deceased, while Gurdev Singh was attributed 2 blows with Soti.

(3.) AFTER hearing learned counsel for the parties I am of the view that no grounds were made out for bail to Chhota Singh. He was attributed injury No. 3 to the deceased which resulted in the fracture of the ribs. The fact that Jora Singh (deceased) was 80 years old has obviously no relevance. It was not a proper exercise of jurisdiction by the learned Addl Sessions Judge with respect to Chhota Singh. I accept the criminal miscellaneous and order of cancellation of the bail with respect to Chhota Singh. He should surrender to the trial Court.