SUNIL @ NAATA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') for grant of bail pending trial to the petitioner, in FIR No.164 dated 30.07.2018, under Sections 307, 323, 341, 34 of the Indian Penal Code, 1860 (for short 'IPC') and Sections 25, 27 of the Arms Act, 1959, registered at Police Station City Ferozepur, District Ferozepur.

(2.) As per prosecution case, on 30.07.2018, at about 12:30 P.M., complainant-Gurkirtan Singh along with his friend Kuldeep Singh were going to K.D. Hospital on a motorcycle to meet their relative, then, a splendor motorcycle came from back-side being driven by some unknown person. Sunil @ Nata (present petitioner) as well as Sucha Bhatti armed with pistol were also riding on the same motorcycle. When they came parallel to the motorcycle of complainant, then rider raised a lalkara and immediately, petitioner fired a shot with an intention to kill him, which hit the fuel tank of the motorcycle; consequently, both of them fell down. Thereafter, all three accused grappled with the complainant as well as his friend, but in order to save themselves, ran towards K.D. Hospital. Then all three assailants followed the complainant as well as his friend. Petitioner and Sucha Bhatti both indiscriminately fired shots towards the complainant from their respective weapons with an intention to kill him, which hit on his left as well as right thigh. After hearing hue and cry, people gathered and all three fled away from the spot along with their weapons. Some old enmity is also alleged between both sides.

(3.) It is contended by learned counsel for the petitioner that he is in custody since 30.08.2018 and has been falsely implicated in this case. Also contends that no useful purpose would be served by keeping the petitioner behind bar.