PAL SINGH ALIAS PALI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is second petition filed by Pal Singh alias Pali under Section 439 of the Code of Criminal Procedure for the grant of regular bail in case FIR No. 162 dated 9.5.2005 under Sections 302/307/324/323/326/201/148/149 IPC and 25/27/54/59 of the Arms Act, registered at Police Station Sadar, Muktsar. The earlier petition was dismissed by this court on 23.2.2006. I have heard counsel for the parties and gone through the contents of the FIR as well as the order dated 24.8.2005 passed by Additional Sessions Judge, Muktsar, whereby bail for the petitioner has been declined.

(2.) COUNSEL for the petitioner contends that as far as petitioner Pal Singh alias Pali is concerned, he has not attributed any injury to deceased Balkaran Singh. As per the prosecution version, he is only attributed injuries to complainant Baltej Singh and injured Balraj Singh i.e. two dang blows to Baltej Singh and three dang blows to Balraj Singh. Counsel contends that all these injuries are by blunt weapon and have been found simple in nature. She further contends that co-accused of the petitioner, namely Sarbjit Singh, who is alleged to have given an injury by gandasa on the body of the deceased, but as per the medical evidence, the said injury was not found on the body of the deceased, and he is also attributed injury to the witness Gurcharan Singh, has been granted bail by the court in Crl. Misc. No. 57422-M of 2006. Counsel contends that case of the petitioner is similar to the case of co-accused Sarbjit Singh. This factual position has not been disputed by the State Counsel and counsel for the complainant.