BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition filed under Sec. 439 of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') prays for grant of bail to the petitioner pending trial in case FIR No. 226 dated 21.11.2002 registered under Sections 307/326/323/34 Indian Penal Code at Police Station Phillaur, District Jalandhar. It is pertinent to mention that initially the case was registered under Sections 326/323/34 Indian Penal Code and Sec. 307 Indian Penal Code was added lateron.

(2.) The prosecution version as disclosed in the first information report is that on 19.11.2002, injured-complainant Amar Singh was coming back to his house. He was waylaid by Balwinder Singh accused-petitioner, who was armed with a Kirpan and Manjit Singh accused armed with a Dang alongwith two other persons. Manjit Singh exhorted all others that the injured-complainant should not be spared. The accused-petitioner Balwinder Singh is imputed with Kirpan blow from sharp side on the head of the injured-complainant. After the Kirpan blow, the injured-complainant fell down. The injured-complainant was admitted to hospital at Phillaur. A first information report was registered on 21.11.2002 under Sections 307/326/323/34 Indian Penal Code at Police Station Phillaur. The accused-petitioner surrendered before the Court on 26.11.2002. The challan was presented against the accused-petitioner amongst others on 28.2.2003.

(3.) The accused-petitioner filed an application for releasing him on bail which was dismissed by the learned Sessions Judge, Jalandhar on 15.3.2003. Thereafter, another application was filed on 10.4.2003. The same has also been dismissed on 5.12.2003 principally on the ground that the earlier bail application of the accused-petitioner was declined. Feeling aggrieved, the accused-petitioner has approached this Court for releasing him on bail pending trial.