K.S. Garewal, J.
1. Counsel has gone through the statement of Mandeep Singh PW.1 who was examined before the trial court on January 10, 2001 wherein the accused mentioned are Balwinder Singh alias Bittu, Mandar Singh, Davinder Singh alias Goshi, Soni, Dalip Kumar and Paramjit Singh alias Bittu. Counsel contends that the present petitioner, though named Harjatinder Pal Singh, has been taken into custody as his brother is named Davinder Singh, against whom the police have registered the case. Counsel further contends that it is case of a mistaken identity. Furthermore, it has been argued that even Davinder Singh, according to the statement of Mandeep Singh, did not inflict any direct blow on Rinku alias Tejinder Singh.
2. Doubt certainly persists regarding the identity of the person called Davinder Singh and whether Davinder Singh in custody is in fact Harjatinder Pal Singh, Davinder Singh''s younger brother. Reliance has been placed on the ration card issued to Jaswinder Kaur (head of the family).
3. It would be necessary for Davinder Singh petitioner to clearly establish that he is not Davinder Singh but Harjatinder Pal Singh and that he is not the person named by the complainant. This exercise must necessarily be gone into by the trial Court. However, since there is some doubt and also because the part played by Davinder Singh is not specific, the petitioner deserves to be admitted to bail.
The petitioner shall be admitted to bail on furnishing personal bond in the sum of Rs. 50,000/ with two local solvent sureties in the like amount to the satisfaction of Chief Judicial Magistrate, Muktsar.
Peition allowed.
