LAWS(P&H)-2023-2-14

RUPINDER SINGH Vs. STATE OF PUNJAB

Decided On February 14, 2023
RUPINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner seeks grant of regular bail in respect of a case registered against him vide FIR No.0083 dtd. 22/6/2021 at Police Station Amloh, District Fatehgarh Sahib, under Ss. 341, 323, 324, 506, 34 IPC (Sec. 307 IPC added later on).

(2.) The FIR in question was lodged at the instance of Surmukh Singh, wherein it has been alleged that on 22/6/2021, when he had gone to his fields for irrigating the same, Rupinder Singh (petitioner), who was carrying an axe hit him on his head and also gave a blow with the same on his left leg above ankle. Sarabjit Kaur, who was carrying a bat, Gagandeep Kaur, who was carrying a stick and Amrik Singh also gave beatings to the complainant. When the complainant had fallen down, all the accused gave several blows on his back and stomach with their respective weapons.

(3.) Learned counsel for the petitioner has submitted that he has falsely been implicated in the present case. Learned counsel has further submitted that the petitioner had earlier been granted bail, as the offences initially alleged were bailable, but subsequently after about 6 months of the occurrence, offence under Sec. 307 IPC came to be added pursuant to receipt of opinion of the Doctor to the effect that the injury in the abdomen was spleen, which is grievous in nature and endangering life. Learned counsel has further submitted that the petitioner has been attributed 2 specific blows i.e. one on the head and the other on the leg and that he cannot be attributed the said blow, which is opined to be endangering life. It has further been submitted that since the other co-accused have already been granted the concession of anticipatory bail, the petitioner also deserves the concession of bail.