JUDGEMENT
DR.BHARAT BHUSHAN PARSOON, J. -
(1.) PETITIONER Davinder Singh @ Computer, confined in Central
Jail, Faridkot, in FIR No.41 dated 4.5.2012 under Sections 307, 353, 382,
323, 324, 341, 336, 148, 120 -B read with Section 149 IPC and Sections 25 and 27 of the Arms Act, 1959 registered at Police Station, Nihal Singh Wala,
District Moga has sought regular bail in this petition.
(2.) AT the outset, it may be mentioned that name of the petitioner - accused as also of the injured is the same i.e. Davindeer Singh. However,
petitioner -accused Davinder Singh is also known by the alias name of
Computer. He is son of Ajmer and is a resident of village Daudhaar Sharki,
District Moga, whereas injured Davinder Singh is son of Jangir Singh. He is
also a resident of the village of the accused. These details have been given to
avoid confusion so far as identity of the petitioner -accused is concerned.
The petitioner -accused is one of the 9 assailants who having come on Scorpio, Bolero and Accent vehicles from the side of village Bagga
Butana had stopped the bus in which injured Davinder Singh son of Jangir
Singh lodged in Sub -Jail, Muktsar in FIR No.31 dated 21.6.2011 under
Sections 382 and 323 IPC as also under Section 25 and 27 of the Arms Act,
1959 was in custody and was being taken by the police officials for being produced before a court at Nihal Singh Wala, where his trial was pending.
The bus was a little ahead of Gurukirpa Shelter in the area of village
Manuke when the incident took place.
(3.) THE petitioner and his associates were armed with deadly weapons like Kirpans, 315 bore rifles and 12 bore guns. Stopping the bus,
they had entered the bus and had started causing injuries to undertrial in
custody viz. Davinder Singh. They forcibly dragged him from the bus and
caused him further injuries with intention to kill him. He sustained injuries
on his legs, arms and head. The petitioner and his associates were in the age
group of 23 to 28 years. When hue and cry was raised by the injured as also
the passengers travelling with him in the bus, the accused with their
respective weapons had run away from the spot in the vehicles in which they
had come there. Condition of injured Davinder Singh had become serious
and he was shifted from Civil Hospital, Nihal Singh Wala to Guru Gobind
Singh Medical College, Faridkot.;
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