SANDEEP GOYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SARVSHRI Sandeep Goyal- (informant) and Dildar Singh (injured) have filed the present petition under Section 439 (2) of the Code of Criminal Procedure, 1973, for the cancellation of the bail granted to respondent No. 2 Bikramjit Singh alias Biki by the Additional Sessions Judge, Fatehgarh Sahib, vide order dated 5th March, l997 in case F. I. R. No. 19, dated 17th February, 1997 under Section 307, Indian Penal Code, registered at Police Station, Gobindgarh.

(2.) FIRST of all I would like to refer to the allegations of the F. I. R. which was lodged at the instance of Sandeep Goyal, petitioner No. 1, who stated that he was proprietor of Gulmohar Hotel. Last evening i. e. 16-2-1997, he along with Rajinder Singh Banti and Dildar Singh, residents of Guru Ki Nagari, Mandi Gobindgarh, had participated in the marriage ceremony of the son of Raj Kumar Channi, resident of Gobindgarh in Vassehra Ground. At about 11. 45 p. m. he along with Rajinder Singh and Dildar Singh after urinating outside were entering the marriage camp (Pandal) and were just near entrance of the Pandal, when respondent No. 2 Bikramjit Singh alias Biki of Patiala Mill, Mandi Gobindgarh, came there who pulled his hand on the shoulder of Dildar Singh and exhorted him that the latter had gone to the Police Station, Sirhind against the former and, therefore, he would be taught a lesson on that day. It is alleged by the complainant that within the view of Shri Rajinder Singh, the accused took out a pistol from the right pocket of his pant and fired a shot upon Dildar Singh, hitting on his left thigh, due to which said Dildar Singh fell on the ground. The accused again fired a shot aiming at Dildar Singh, but it did not hit him. The Complainant overpowered the accused, who fired a third shot, aiming at the complainant, and this shot also missed. Many people gathered there on hearing the noise of firing Upon this Biki ran away from the spot along with his pistol. The complainant and Rajinder Singh took Dildar Singh in an injured condition in a car to Civil Hospital, Mandi Gobindgarh for treatment. It is finally alleged in the F. I. R. that respondent No. 2 had fired the shot from his pistol at Dildar Singh with an intention to murder him. This statement was recorded by S. I. Harbhajan Singh and case F. I. R. No. 19, dated 17th February, 1997 under Section 307, I. P. C. , was registered at Police Station, Mandi Gobindgarh.

(3.) WITH the above main allegations, the petitioners have prayed for the cancellation of the bail granted to respondent No. 2. Their petition is supported by an affidavit.