LAWS(P&H)-1999-2-145

GURMINDER SINGH Vs. STATE OF PUNJAB

Decided On February 17, 1999
GURMINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Heard. As per Gian Singh who is the lodger of the FIR on 29.8.98 at about 4 PM when he and his son Karnail Singh were making furniture in the shop and he was making table outside the shop, Dara Singh son of Amarjit Singh, Pentu, Igbal Singh, Gurdeep Singh and one more person came to their shop. Dara Singh and Pentu picked up a wooden log and started giving blows to his son Karnail Singh. They gave three blows with wooden log to Karnail Singh hitting him on his head. Pentu hit Karnail Singh twice. Dara Singh and Gurdeep Singh gave blows to Gian Singh which hit him on the left hand and right arm. Gurdeep Singh hit him with an iron rod on his shoulder and right leg. The fifth one hit Gian Singh between his legs with his shoes. He and his son Karnail Singh raised raula "mar ditta, mar ditta". Makhan Singh and Ram Saran came to the spot. On seeing them, the assailants ran away.

(2.) Learned Counsel for the petitioner submits that the name of the petitioner is not mentioned in the FIR. All that is mentioned is that there was fifth person with Dara Singh, lqbal Singh, Gurdeep Singh and Pentu. Learned Counsel for the petitioner further submits that the injury attributed to Gurminder Singh on the testicles of Gian Singh does not find mention in the medico legal report pertaining to Gian Singh. In the medico legal report, only complaint of pain in the testicles is mentioned. He submits that the participation of Gurminder Singh is thus doubtful. Learned State Counsel submits that the name of Gurminder Singh finds mention in the statements of Makhan Singh and Ram Saran. Their statements were recorded at 8.45 PM on 29.8.1998. Learned Counsel for the petitioner submits that the occurrence allegedly took place at 4.PM and they were belatedly examined and no wonder, the name of Gurminder Singh in their statements is manipulated.

(3.) Without going much into these submissions, I feel that anticipatory bail should be granted to the petitioner. So, it is ordered that in the event of arrest, the Investigating Officer will call upon the petitioner to furnish bail to his satisfaction. Petitioner shall join the investigation. He shall keep joining the investigation as per the direction of the Investigating Officer.