KIRPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed under Sec. 439 Cr.P.C for the grant of regular bail to the petitioner in respect of FIR No.225 dtd. 30/10/2021 registered under Ss. 307, 506, 109, 34 and 120-B of the IPC, 1860 and Ss. 25 and 27 of the Arms Act, 1959 at Police Station Dirba, District Sangrur.

(2.) Learned senior counsel for the petitioner argues that the petitioner has been roped in the present FIR only on the basis of the statement of one Gurjant Singh according to which, the petitioner is part of the conspiracy, which led to the incident, which took place on 29/10/2021 wherein, co-accused namely Karamjit Singh @ Karma had used firearm tocause injuries to the victims. Learned senior counsel for the petitioner submits that first of all, statement of Gurjant Singh is such that it does not state whether, the petitioner instigated the co-accused so as to direct the said co-accused to give effect to the incident, which happened on 29/10/2021 as to inflict injury upon the victims and even otherwise, initially, when the said statement of Gurjant Singh was appreciated during investigation by a DSP level Officer, the petitioner was not found involved in any conspiracy but later on when the same statement was taken into consideration by a Special Investigation Team, the petitioner was found to be involved in the said case being conspirator, which led to the incident, which took place on 29/10/2021 wherein, two sons of the complainant got injured by the use of firearm at the hands of co-accused namely Karamjit Singh @ Karma. Learned senior counsel for the petitioner further submits that in fact, the petitioner has been involved due to the political rivalry and status, which he carries and even the incident, which took place on 29/10/2021, was on account of elections to the Cooperative Society and the petitioner was roped in by the complainant party, being a member of the opposite political camp and as the petitioner is behind the bars since 7/1/2022, he may kindly be extended the benefit of regular bail as the investigation is already over and challan has been presented.

(3.) Notice of motion.