CHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS petition under Section 438 Code of Criminal Procedure had been filed seeking pre -arrest bail of the Petitioner in case F.I.R. No. 21 dated 29 -01 -2007 registered at Police Station Beas, District Amritsar for the offences under Sections 302, 427, 148, 149 I.P.C. and Sections 25 and 27 of the Arms Act.

(3.) NO role is attributed to the Petitioner Chattar Singh in the F.I.R. that has been registered. However, supplementary statement of the complainant -Jagir Singh was recorded on 03 -02 -2007 in which, it has been alleged that the Petitioner was also present at the spot and armed with a double barrel gun. Besides, Deepinder Singh on 30 -01 -2007 submitted a compact disc (CD) relating to the above occurrence before the S.H.O. Beas as a piece of evidence which was taken in possession. Thereafter, aforesaid Deepinder Singh made a supplementary statement on 21 -04 -2007. He stated that at the time of submitting the C.D. on 30 -01 -2007 relating to the occurrence, he forgot to get his statement recorded. Seven persons it is stated had been firing and amongst them were Chattar Singh -Petitioner and also one Gurbhej Singh son of Joginder Singh. The role attributed to the Petitioner -Chattar Singh is that he was also present at the spot and had fired with his double barrel gun. This, however, is not mentioned in the F.I.R. that was registered on the statement of the complainant -Jagir Singh. It may be noticed that pre -arrest bail application of Gurbhej Singh had been dismissed by this Court vide order dated 20 -03 -2007 passed in Crl. Misc. No. 17179 -M of 2007. Against the said order, the aforementioned Gurbhej Singh filed S.L.P. (Crl. No. 1850 of 2007) in the Hon'ble Supreme Court of India. Vide order dated 06 -08 -2007, leave to Appeal was granted and the aforesaid Gurbhej Singh has been ordered to be released on bail on his furnishing bail bonds for a sum of Rs. 25,000/ - with two sureties of the like amount to the satisfaction of the arresting authority or the Court concerned as the case may be subject to the conditions laid down under Sub -section (2) of Section 438 Code of Criminal Procedure The role attributed to Chattar Singh, Petitioner is somewhat similar to that of Gurbhej Singh who has been granted the concession of pre -arrest bail by the Hon'ble Supreme Court of India vide order dated 06 -08 -2007. Therefore, Chattar Singh -Petitioner is also entitled to the concession of bail on the same terms as has been granted to Gurbhej Singh.