GURMEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER -Gurmeet Singh and others are alleged to have attacked Pargat Singh. According to the prosecution, petitioner-Gurmeet Singh was armed with a Kirpan and gave a blow with, it which landed on the right side of the chest of Pargat Singh. The co-accused are also alleged to have attacked him with a datar or lathi. Police Station Ghuman had registered F.I.R. No. 79 dated 6.7.1997 under Sections 307, 324, 323 and 34 of the Indian Penal Code against the petitioner and the other accused. Petitioner-Gurmeet Singh had approached the Additional Sessions Judge, Gurdaspur, under Section 439 of the Code of Criminal Procedure for grant of bail, which was declined since the petitioner had allegedly inflicted an injury on the chest of Pargat Singh, which was dangerous to life. Therefore, the petitioner has approached this Court under Section 439 of the Code of Criminal Procedure for grant of bail.

(2.) THIS is being opposed by the counsel for the State.

(3.) THE learned counsel for the petitioner even questioned that the injury allegedly caused by the petitioner was dangerous to life. According to him the petitioner is a young boy and is in custody from 12.7.1997 and the injured has also been discharged from the Hospital. Counsel for the petitioner also contends that the charge-sheet has also been filed. He also contends that even if it is taken that the injury caused to the injured was serious that should not affect the right of the petitioner to be released on bail. He relies upon the decision of this Court in Balwinder Singh v. State of Haryana, 1996(3) RCR 693 which certainly supports his contention. It is also conceded by the respondents that the charge-sheet has been filed on 29.9.1997.