SUKHCHAIN SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has prayed for his release on bail during the pendency of a criminal case arising out of FIR No. 20 dated 25.8.2006 registered at Police Station City, Sunam, District Sangrur under Sections 302/307/341/3261324/323/ 148/149/120-B IPC.

(2.) THE occurrence in question had taken place on 24.8.2006 at 4.30 P.M., wherein Jaspal Singh @ Jassi and Jasvir Singh received injuries. Both of the victims were removed to the Civil Hospital, Sunam, but as their condition was serious, they were further referred to DMC, Ludhiana, where Jaspal Singh @ Jassi was declared dead. FIR was registered on the basis of a statement made by Manjit Singh, brother of Jaspal Singh @ Jassi deceased. It was alleged that the petitioner was armed with a kirpan and had given a blow with the same hitting Jaspal Singh @ Jassi, since deceased, on his left shoulder. Injuries were also caused by other accused to both the victims.

(3.) LEARNED counsel appearing for the State and the complainant opposed the prayer of the petitioner for the grant of bail by submitting that the petitioner was specifically named as one of the accused, who had given an injury to Jaspal Singh @ Jassi deceased. Moreover, learned Illaqa Magistrate vide order dated 6.1.2007 committed the case for trial to the Court of Session. The law recognises commitment of the case and not of the accused, therefore, the petitioner had been rightly arrayed as one of the accused and has now to face the trial before the Court of Session.