R.S.MONGIA, J. - (1.) THE petitioner is a student of B.A. Part I, studying at Patiala. He along with two others have been alleged to have caused injuries to one Hardev Singh, another student of the same College where the petitioner is studying. It is further alleged that the petitioner was armed with a Kirch (sword) and caused an injury, which was later on declared by the Doctor to be dangerous to life. The other two co -accused were alleged to be armed with Kripans but the part attributed to them in the F.I.R. is that they raised Lalkaras. They have been granted bail by the Additional Sessions Judge.
(2.) IT has been submitted by the learned counsel for the petitioner that apart from the fact that the petitioner is a student, the alleged occurrence seems to have arisen out of some quarrel between two groups of students and the alleged offence is not the result of premeditation. Further, it has been argued that three months have already passed and the challan has yet to be put in the trial Court. The petitioner's studies arc likely to be effected, which would also ultimately effect his career. On these grounds, inter -alia the submission made is that the petitioner is entitled to the concession of bail. On the other hand, the learned counsel for the respondent, submitted that the injury which is attributed to the petitioner, had been declared dangerous to life, therefore, the petitioner should not be enlarged on bail. The other co -accused enlarged on bail had allegedly raised only Lalkaras and not used any weapon.
(3.) AFTER hearing the learned counsel for the parties, I am of the view that the petitioner who is a young student and has no previous history should be enlarged on bail and if ultimately, after the evidence is recorded it is found that the petitioner is the real culprit, he would naturally be punished. Consequently, this application is allowed and the petitioner is ordered to be released on bail subject to the satisfaction o/Chief Judicial Magistrate, Patiala. Petition allowed.;