SUKHDEV SINGH ALIAS CHHIBBA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER -Sukhdev Singh alias Chhibba son of Diwan Singh, has preferred the instant petition for the grant of regular bail in a case registered against him along with his other co-accused, namely, Hira Singh, Paramjit Singh alias Bhulla and Gurdev Singh, by means of FIR No.176 dated 20.10.2012, for the commission of offences punishable under Sections 307, 324, 341, 506, 148, 149, 120-B IPC (the offence punishable under Section 326 IPC was later on added) and Sections 25 & 27 of the Arms Act, by the police of Police Station Tanda, District Hoshiarpur, invoking the provisions of Section 439 Cr.P.C.

(2.) NOTICE of the petition was issued to the State.

(3.) THE prosecution claimed that on 20.10.2012, the accused have caused injuries to complainant-Vikas Jasra and Sandeep Pandit, with their respective weapons. The only allegations assigned to the present petitioner-Sukhdev Singh alias Chhibba, are that he gave two hammer blows, which hit on the left leg and right knee of Vikas Jasra (complainant). It is not a matter of dispute that the injuries caused by the petitioner are not the subject matter of offence punishable under Section 307 IPC and are on non-vital parts. Under these circumstances, whether the provisions of Sections 307 and 149 IPC are attracted to the facts of the present case or not, would be a moot point to be decided during the course of trial by the trial Court.