SATNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN all nine accused were sent for trial for offence under sections 307, 323, 149, 148 IPC and under Section 25, etc., of the Arms Act. Briefly, the allegations were that all the accused armed variously attacked on Hari Singh. The present petitioner; Satnam Singh, was allegedly armed with a gandasi (sharp edged weapon) while Jatinder Singh was armed with a dang (heavy stick). The allegations further indicate that accused Atma Singh, who is said to be armed with a 12 bore gun, fired a shot and caused injury. The injuries sustained by the injured, Hari Singh indicate that, according to the medical opinion, the possibility of use of fire arm is causing those injuries could not be ruled out. The order passed by the Sessions Judge, Jalandhar, indicates that there was no injury caused by sharp edged weapon. My attention was invited to an earlier order passed by a single Bench of this Court in Criminal Misc. No. 14009 -M of 1995, by which the bail application filed by these very petitioners was rejected by passing the following order : "After hearing the learned counsel for the petitioners, no case for bail is made out at this stage. The bail is declined and the petition dismissed."

(2.) HOWEVER , now before me copy of order dated December 6, 1995, passed in Criminal Miscl. No. 19503 -M of 1995 has been placed on record, which indicates that accused Atma Singh was released on bail. It may be recalled that accused Atma Singh was armed with a fire -arm and he fired a shot and caused certain injuries to Hari Singh and others. Similarly, other two accused, namely, Surjit Singh and Rajnjit Singh, involved in this case, were also released on bail by order dated 16.10.1995, passed in Criminal Miscl. No. 15966 -M of 1995. The Counsel for the petitioners made a statement at bar that accept these two petitioners, the rest of the accused were already released on bail. In view of these circumstances, and after taking into consideration the allegations in the First Information Report and the alleged part played by these two petitioners before me, I find that they also deserve the bail as the others have already been released on bail as per the orders mentioned above. Under these circumstances, I feel that bail should be granted to the present petitioners. Hence they are ordered to be released on bail in case FIR No. 70 dated 19.6.1995, Police Station Nurmahal under Sections 307/323/149/148 JPC and 25 etc. of Arms Act, on each of them executing bail bond in the sum of Rs. 10,000/ - with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Jalandhar. They are to abide by the usual conditions that they shall not tamper with witnesses or offer any inducement, threat to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police. Ordered accordingly.