CHAMKAUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this order I propose to deal with the application for bail filed by one Chamkaur Singh. A case under Sections 302/307/427/447/148/149/323/324/325 Indian Penal Code and 25/54/59 Arms Act was registered against eleven persons including the petitioner in F.I.R. No. 74 dated 13.11.1994.

(2.) THE petitioner who is stated to be a student of 10+1 in Ripudaman Government College, Nabha, is alleged to have been falsely implicated in this case on account of party faction. The petitioner is stated to be in custody for the last more than 7-1/2 months. The challan has been filed but the trial has not as yet started. The learned counsel for the petitioner has argued that even as per FIR the accused party was already present in the field which is owned and possessed by them and it is the complainant party who wanted to disturb their possesin and they adopted illegal methods for the same and as such the complainant party was aggressor. According to the learned counsel there are cross cases i.e. a case under sections 307/427/448/148/149 Indian Penal Code and 25/54/59 of the Arms Act have been registered against the complainant party and they are also facing trial. Learned counsel submits that hardly any role has been attributed to Chamkaur Singh and the alleged role of giving 'soti' blows on the back of the deceased, at the face of it, is not plausible. The deceased, as per the Medical Report, had hardly suffered any serious injury on the back and there was no fracture of the spine or such other serious injury. Thus counsel submits that even if the allegations in the First Information Reports are of any consequence in regard to the petitioner, the injury has been caused in self defence and as such the petitioner, in the light of the above submissions, be granted bail.

(3.) I have heard the parties at some length.