GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER -Gurdev Singh son of Dharam Singh, has directed the instant petition for the grant of regular bail in a case registered against him along with his other co-accused, namely, Sarabjit Singh @ Saaba, Gora, Joga Singh, Dharam Singh, Sukha Singh, Jagir Kaur and Sokhi etc. by virtue of FIR No.113 dated 09.09.2011, for the commission of offences punishable under Sections 302, 148 and 149 IPC, by the police of Police Station Goindwal, District Tarn Taran, invoking the provisions of Section 439 Cr.P.C.

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

(3.) SO far as the role of the petitioner-Gurdev Singh is concerned, the prosecution claimed that, he inflicted injury with 'spade' on the right ear of the complainant-Harinderpal Singh, which admittedly is simple in nature. No other specific role or overt-act is attributed to him. Under these circumstances, whether the provisions of Sections 148 and 149 IPC are attracted to the facts of the present case, would be a moot point to be decided during the course of trial by the trial Court.