IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-141 of 2011 Date of decision: 12.1.2011 Gurpreet Singh @ Gopi and another …. Petitioners Versus State of Punjab …. Respondent Present: Mr. B.S. Bhalla, Advocate for the petitioners. *** S.S. SARON, J. Heard counsel for the petitioners. The petitioners pray for pre-arrest bail in a case registered against them on 5.11.2009 for the offences under Sections 302, 307, 148 and 149 IPC; besides, Sections 25 and 27 of the Arms Act as also Sections 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“SC & ST Act” – for short). In the incident that occurred on 5.11.2009 the petitioners Gurpreet Singh @ Gopi (petitioner No.1), it has been alleged by the complainant Chamkaur Singh that he fired towards his son Jiwan Singh from his gun which hit on the back side of his head and he fell down. Surinder Singh @ Shinder (petitioner No.2) fired a shot from his gun at Jarnail Singh son of Bachan Singh who was standing near CRM No. M-141 of 2011 [2] the son of the complainant. The gun shot hit Jarnail Singh on his back while he was running away and he fell down. Learned counsel for the petitioners has submitted that the co-accused of the petitioners namely Sandeep Singh has been granted interim pre-arrest bail by this Court on 05.1.2011 in CRM No. M-54 of 2011. Besides, a reference has been made to the statement (Annexure P1) of Iqbal Singh, the statement (Annexure P2) of Devinder Singh and statement (Annexure P3) of Jarnail Singh who are all injured witnesses. It is submitted that the petitioners were found innocent in the police proceedings and were not sent up for trial. After giving my thoughtful consideration to the matter, it may be noticed that there are specific allegations in the FIR which is recorded on the statement of Chamkaur Singh, complainant that Gurpreet Singh @ Gopi (petitioner No.1) fired towards his son Jiwan Singh from his gun which hit on the back side of his head and he fell down. Besides, Surinder Singh @ Shinder (petitioner No.2) is said to have fired a shot from his gun at Jarnail Singh son of Bachan Singh who was standing near the son of the complainant- Chamkaur Singh. The gun shot hit Jarnail Singh on his back while he was running away and he fell down. In the statements (Annexures P1 to P3) of Iqbal Singh, Devinder Singh and Jarnail Singh which have been recorded under Section 161 CrPC, it has been stated that Kama son of Ajaib Singh fired a shot from his 315 bore rifle towards Jiwan Singh son of Chamkaur Singh, complainant which hit on the back side of his head and he fell down. Besides, Mandeep CRM No. M-141 of 2011 [3] Singh @ Kuru son of Chamkaur Singh fired a shot from his 12 bore gun which hit on the back of Jarnail Singh son of Bachan Singh. Learned counsel for the petitioners however has not been able to give the reasons as to why the police did not send the petitioners for trial and has not submitted the copy of the charge-report (challan) that has been filed in the case. Besides, the learned Additional Sessions Judge, Moga vide order dated 29.11.2010 (Annexure P6) has summoned the petitioners in terms of Section 319 CrPC for the offences under Sections 302, 307, 148 and 149 IPC; besides, Sections 25 and 27 of the Arms Act as also Sections 3 and 4 of the SC & ST Act. The deposition of Chamkaur Singh (PW1) which is placed on record as Annexure P4 was considered in which he stated that Gurpreet Singh @ Gopi (petitioner No.1) fired a shot on his son Jiwan Singh from his gun which hit on the back side of his head and he fell down. Besides, Surinder Singh @ Shinder (petitioner No.2) fired a shot from his gun at Jarnail Singh son of Bachan Singh who was standing near the son of the complainant-Chamkaur Singh (PW1). The gun shot hit Jarnail Singh on his buttock. The case of the petitioners is distinguishable from that of Sandeep Singh who has been granted interim bail by this Court vide order dated 5.1.2011 inasmuch as Sandeep Singh was driving the vehicle and no overt act has been attributed to him. Besides, the police in the course of investigation had found that on the intervening night of 4/5.11.2009 he was at the house of his maternal grandfather and that since childhood he had been residing CRM No. M-141 of 2011 [4] with his maternal grand-father at village Kore Rahlan, Jagroan. Besides, only interim bail has been granted to said Sandeep Singh. The case of Sandeep Singh who has been granted interim pre-arrest bail cannot in the circumstances be said to be at par with that of the present petitioners. In the circumstances, no ground for grant of pre- arrest bail is made out and the Crl. Misc. petition is, accordingly, dismissed. (S.S. SARON) January 12, 2011 JUDGE amit