BAJINDER SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners seek pre-arrest bail in a case in which they have been summoned to face trial for offence under sections 302/307 IPC read with section 27/54/59 of the Arms Act, in exercise of powers under section 193 Cr.P.C. According to prosecution, on 28.9.2014 at about 10.00 A.M., Kuljit Singh alongwith certain other persons was going to house of one Neetu in the car. When they reached near the office of Gurpreet Singh alias Dainy, accused came there armed with various weapons. At that time, Gurpreet Singh exhorted that a lesson be taught to Neetu for not repaying the loan to him. He also fired from his .12 bore gun, pellet from which hit chest of Neetu. Thereafter, he again fired a shot at Baljit Singh which pierced his abdomen. He fired two more shots which hit Kuljit Singh and the complainant. Accused thereafter fled from the scene. Motive of the crime is stated to be a money dispute between the parties. Injured were taken to Civil Hospital. Neetu was referred to PGI, Chandigarh where he expired on 30.9.2014. Trial court finding that petitioners had played active role, decided to summon them as additional accused.

(2.) It is evident that names of the petitioners figured in the FIR. However, investigating agency exonerated them while submitted its report under section 173 Cr.P.C.

(3.) Ms. Supriya Garg, learned counsel for the petitioners has prayed for pre-arrest bail on the ground that petitioners have been summoned merely on the basis of material submitted by the investigating agency alongwith the final report. Their role was subject matter of investigation but they were found innocent.