JUGRAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Jugraj Singh has prayed for grant of regular bail in case FIR No.178 dtd. 7/8/2013 under Ss. 336, 341, 323 and 148 read with Sec. 149 of Indian Penal Code (Sec. 307 IPC added later on) and Ss. 25, 27 and 54 of Arms Act, 1959 registered at Police Station Beas, District Amritsar. The petitioner is in custody since his arrest on 1/3/2016.

(2.) The FIR was recorded on the statement of Gurdial Singh wherein it was alleged that he works as a labourer and the store keys of Baba Lakh Data were with him, however, the same were given to Kala son of Sarwan Singh. There was a dispute regarding the return of keys with Kala son of Sarwan Singh. On 7/8/2013, when Manjit Kaur (mother of complainant) was going to Aanganwari then, Jugraj Singh, Shamsher Singh and Gian Singh along with Sukhdev Singh Fauji and Sarwan Singh stopped her and asked her to hand over the keys of the store. After some time, Jugraj Singh along with his companions started abusing the mother of the complainant. At that stage, Gian Singh picked up a brick and hit on the head of Manjit Kaur. The others also pelted stones/bricks and Jugraj Singh fired four gun shots in the air. On these broad allegations, the above said FIR was recorded.

(3.) Learned counsel for the petitioner contends that the petitioner is in custody for the last more than three years and the complainant has testified before the Court, who has been declared as hostile witness. Out of 20 witnesses only three have been examined. It is further submitted that the firing is in the air and the injury suffered by the mother of the complainant is simple in nature and it is attributed to one Gian Singh. According to him, it would be debatable as to whether the offence punishable under Sec. 307 IPC is made out.