SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks grant of regular bail in case FIR No.32, dated 8/3/2006, registered under Sections 307/323/336/427/148/149 of the IPC, and Sections 25/27/54/59 of the Arms Act, at Police Station City Mansa.

(2.) Counsel for the petitioner contends that the petitioner has been attributed simple injury with the reverse side of a Gandasa (pole-axe), to the complainant. The said injury did not cause any grievous hurt or permanent disability to the complainant. It is further contended that the injury, which answers to the description of an offence under Section 307 of the IPC has been attributed to one Pritpal Singh @ Dali. The petitioner belongs to the truck union, whereas the complainant belongs to the canter union. It is further contended that there is a history of enmity between the two unions. It is prayed that the petitioner be released on bail. Counsel for the respondent, on the other hand, contends that as the petitioner inflicted two gandasa blows from reverse side to the complainant, he be denied the concession of bail.

(3.) I have heard learned counsel for the parties and perused the record. An altercation, between the members of a canter union and those of a truck union, led to the lodging of the present FIR. The petitioner is alleged to have inflicted two blows with the reverse side of a Gandasa to the complainant. These injuries were found to be simple. The injury, that answers to the description of an offence, under Section 307 of the IPC, has been attributed to one Pritpal Singh. As investigation has concluded with the presentation of a challan, further incarceration of the petitioner is unwarranted. Counsel for the respondent has not expressed any apprehension that if released on bail, the petitioner would tamper with the prosecution evidence or in any manner subvert the process of trial. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Mansa. Nothing, stated herein, shall be construed to be an expression of opinion, on the merits of the controversy.