GURPREET SINGH ALIAS GOPI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of Crl. Misc. No.8914 and 8915-M of 2007 as they arise out of the same FIR. In Crl. Misc. No.8914-M of 2007 Gurpreet Singh, Gurdeep Singh and Hardeep Singh seek regular bail and in Crl. Misc. No.8915-M of 2007 Gurdeep Kumar seeks regular bail in case FIR No.107 dated 21.11.2006 registered at P.S.Joga, District Mansa, for the offence under Crl.M. No.8914-M of 2007 -2- Sections 452, 436,427,323,148,149 IPC . It is stated by learned counsel for the petitioners that offence under Section 325 of the Indian Penal Code has also been added at the time of presentation of the challan and the petitioners also pray for grant of bail for the offence under Section 325 of the Indian Penal Code.

(2.) The FIR has been recorded on the statement of Darshan Singh. The role attributed to the petitioner is that Gurpreet Singh alias Gopi raised a lalkara that Darshan Singh (complainant) should be taught a lesson for troubling and dis-reputing him in the village. His house should be set on fire. On his saying so Gurpreet Singh alias Gopi, petitioner No.1, Mandeep Singh alias Mahna (non-applicant) sprinkled kerosene oil on the wheat chaff from the bottle held in the hand of Hardeep Singh, petitioner No.3. The complainant stopped them and he was beaten with sticks. Then he raised hue and cry and his cousin Harjinder Singh and Parkash Singh, who were near by came to the house.

(3.) Learned counsel appearing for the petitioners submits that in fact there is a dispute over the management of Gurdwara and therefore, offence under sections 452 and 436 of the Indian Penal Code have been alleged so as to make it a non bailable offence. It is further submitted that as per the medical report of Darshan Singh, injured, only injury No.11 which is swelling on the right ring finger on dorsal aspect of distal joint, has been found to be grievous in nature and offence under Section 325 of the Indian Penal Code has been added. Besides, it is submitted that Mandeep Singh alias Mahna (non applicant) has been granted interim pre-arrest bail by this Court in Crl. Misc. No.14571-M of 2007. Crl.M. No.8914-M of 2007 -3- In response learned counsel for the State has opposed the application. It is submitted that the challan in the case has been filed and trial would start soon. It is further submitted that Darshan Singh in all has suffered 11 injuries which were caused by the petitioners, therefore, they are not entitled to the concession of bail.