N. L. TIBREWAL, J. - (1.) BOTH these bail applications can be decided together as they arise of the same incident in F. I. R. No. 156/89 registered at Police Station, Sadulshahar. These are cross-cases in which both the parties have used gun fires against each others.
(2.) FROM the side of the complainant, one person, namely. Sukhminder Singh died and three other persons had sustained pallet injuries. FROM the side of the accused also five persons have sustained gun fire injuries. It is the admitted case that co-accused Jagjit Singh is the author of the gun fire injury to the deceased Sukhminder Singh and it is also the admitted case that none of the petitioners in these two bail applications had caused any injury to the deceased However, the accusation against these petitioners is that they made gun fires' causing injuries to other persons. Learned counsel for the petitioner, Shri S. R. Bajwa, has contended that the case of the present petitioners is in no way distinguishable to that of co-accused Dilbagh Singh and Narendra Pal Singh, who have been released on bail by this Hon'ble Court vide order dated April 9, 1990, in S. B. Criminal Misc. Bail Application No. 301/90. It has also been contended that in the cross-case, which has been registered u/s 307 IPC, 11 persons have been released on bail. The contention of Mr. Bajwa is that both the parties should be kept at par and as the petitioners are not the authors of the fatal injury caused to the deceased Sukhminder Singh, they should also be released on bail. Contrary to this, the learned Public Prosecutor, assisted by Mr. M. L. Garg, has argued that the case of the petitioners Ujjal Singh and Sahib Ram is distinguishab'e to that of the above referred accused persons who have been released on bail, in as much as, there is specific allegation against them of causing injuries to injured Amarjit Singh. He contended that against other co-accused persons, other than Jagjit Singh, the allegation is of making gun fire but no specific injury has been assigned to them. It has been further argued that the accused persons had no business to be present at the place of the occurrence and they had gone there with full preparation of committing murder as they were armed with fire arms. It is no doubt true that the incident has taken place in the premises of Tehsil Office where both the parties had freely used fire arms It is also true that in such cases where the parties have used fire arms, bail should not be gran-ted liberally keeping in view that weapon used by them and the place where they had used the fire arms. But keeping in view that out of the 9 accused per-sons three had already been released on bail, two by this Hon'ble Court as referred above, and one by the learned Sessions Judge and the fact that in the cross case 11 accused persons have been released on bail, I am of the view that the petitioners Ujjal Singh, Talla Singh and Sahib Ram should also be given the benefit of bail as they also did not cause any injury to the deceased. Consequently, both the applications are allowed and it is hereby directed that the above referred three accused persons be released on bail, provi-ded each of them furnishes a personal bond in the sum of Rs 10 000/- and two sureties of Rs 5,000/- each to the satisfaction of the Addl. Sessions Judge No. 1 Hanumangarh, for their appearance in that court or any other court as and when they are called upon to do so, during the pendency of the trial. . ;