JASKARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS Jaskaran Singh son of Babu Singh, Bant Singh son of Gurdass Singh and Surender Singh alias Chhinda son of Gajja Singh have directed the instant petition for the grant of regular bail, in a case registered against them along with their other co-accused, vide FIR No.149 dated 29.7.2010 (Annexure P1), on accusation of having committed the offences punishable under sections 148, 307, 323 read with section 149 IPC and Section 25 of the Arms Act by the police of Police Station Kalanwali, District Sirsa, invoking the provisions of section 439 Cr.PC.

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

(3.) WHAT cannot possibly be disputed here is that initially, the instant case was registered against the accused for the commission of offences punishable u/ss 148, 307 and 323 read with section 149 IPC, but subsequently, during the course of investigation, the offence u/s 307 IPC was deleted and offence u/s 285 IPC was added. The petitioners were earlier granted regular bail by this Court. Thereafter, since the trial Court has again framed the charge u/s 307 IPC, so, they were again arrested on 30.4.2013. It is also not a matter of dispute that no specific injury or role is attributed to petitioners Jaskaran Singh and Bant Singh, whereas the prosecution claimed that petitioner Surender Singh caused a gandasi blow on the person of Darshan Singh, but there is no corresponding injury on his person, having been caused with a gandasi. Moreover, it is a case of version & cross version. In that eventuality, which of the parties was aggressor and whether the provisions of section 307 read with section 149 IPC are attracted to the case of petitioners, would be the moot points to be decided during the course of trial by the trial Court.