N.C.KHICHI, J. - (1.) COUNSEL for the parties have been heard.
(2.) THERE is a place of Baba Tapa Ram which is being used as cremation ground by the villagers of Jeond and Jaid. The land is stated to have been donated by the villagers of Jeond, There is a dispute regarding the management of this cremation ground. On 10 -5 -1999 at about P.M Rup Chand complainant along with his son Harpal Chand and many other persons was present in the cremation ground for raising a wall there. Banta Singh son of Nand Singh armed with gun, Sukhdev Singh son of Jagir Singh also armed with gun, Vidya Singh, and his co -accused, in all 17 in number armed with Gandasi, Soti, Kasia and Kandhali etc. came there. Banta Singh and Sukhdev Singh allegedly fired. Banta Singh accused fired a shot and caused injury to Harpal Chand and Jarnail Singh. Sukhdeep Kumar allegedly suffered pallet injuries from a shot alleged to have been fired by Sukhdev Singh Darshan Singh, Mohinder Singh, Balwinder Singh from the complaint side sustained blunt and sharp injuries. Harpal Chand died in the hospital due to fire arm injuries attributed to Banta Singh son of Nand Singh. It is also on record that many persons on the side of accused party namely Surjit Singh, Gurnam Singh, Babu Singh and Vidya Singh etc. sustained injuries in the occurrence. They were got medically examined but no case was registered by the police. Out of 17 accused named by the complainant five were found to be innocent during investigation of this case. It was also found that Sukhdev Singh accused was found to be not carrying any gun at the time of the alleged occurrence. No recovery of any such weapon was effected from him. The learned counsel for the petitioner has submitted that the gun shot injury to deceased Harpal Chand has been attributed to Banta Singh co -accused and that from the facts and circumstances brought on record it can be said to be a case of free fight in which every body is liable for his own act and no vicarious liability can be fastened on the petitioner. He has further submitted that it is a case of version and crossversion and it is yet to be determined at the trial as to which party was aggressor. It is further contended that the petitioner is in custody for the last more than one and half years. 3. I have given due consideration to the submissions of the learned defence counsel. Five persons were found to be innocent. Sukhdev Singh was not found to be carrying any fire and at the time of the occurrence. Many persons from the accused side sustained injuries and they were got medically examined. Fatal injury is attributed to Banta Singh co -accused. From the facts and the circumstances of the case, it is moot point whether the petitioner is vicariously liable for the act done by co -accused Banta Singh and others.
(3.) THUS , keeping in view all the facts and circumstances of the case but without expressing any opinion on merits, bail is allowed to the petitioner on his furnishing personal bond in the sum of rupees 15,600/ - with two solvent sureties in the like amount 'each to the satisfaction of CJM Duty Magistrate, Bathinda. Petition allowed.;