IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M- 32648 of 2009 Date of decision: 19.4.2010 Sukhwinder Singh …Petitioner Versus State of Punjab …Respondent Present: Mr SPS Sidhu, Advocate for the petitioner. Mr VPS Sidhu, AAG Punajb. Mr Vikram Bali, Advocate for the complainant. S.S.SARON, J. Heard counsel for the parties. This order will dispose of Criminal Misc M-32648 of 2009 filed by Sukhwinder Singh @ Chhinda son of Jag Singh and Criminal Misc M-35706 of 2009 filed by Sukhdev Singh @ Sukha son of Iqbal Singh. The petitioners in the respective petitions seek regular bail in a case registered against them for the offences under Sections 302, 307, 324, 323, 148/149 IPC and Section 452 IPC as also Sections 25 and 27 of the Arms Act. The FIR in the case has been registered on the statement of Desa Singh son of Piara Singh. It is alleged by the complainant that on 20.6.2009 at about 8 p.m., the complainant and his other two brothers namely Gurdev Singh and Sulakhan Singh were sitting with him at their home. In the meantime, one Swaraj Tractor driven by Sukha Singh son of Iqbal Singh (petitioner in Criminal Misc M-35706 of 2009) and Sukhwinder Cr Misc M- 32648 of 2009 2 Singh @ Chhinda son of Jag Singh (petitioner in Criminal Misc M-32648 of 2009) and his two sons Sukhdev Singh and Jeon Singh @ Maura were sitting on the tractor. Along with them, Iqbal Singh @ Beera and his son Mangal Singh were sitting on that tractor. They alighted from the tractor and the complainant stood up from the cot and saw that Iqbal Singh @ Beera was armed with .12 bore Double Barrel Gun and Jeon Singh @ Maura was also armed with .12 Bore Double Barrel Gun; Sukhdev Singh was armed with a Takua; Mangal Singh was armed with Barchhi. Sukhwinder Singh (petitioner in Criminal Misc M-32648 of 2009) was armed with a Dang, Sukha Singh (petitioner in Criminal Misc M-35706 of 2009) was sitting on the tractor holding a Sword in his hand. Sukhwinder Singh raised a Lalkara that they be taught a lesson for demolishing the common ridge (Watt) and getting demarcation done and that they be not spared. Gurdev Singh (deceased) was standing near the complainant. Iqbal Singh fired a shot with his gun at him which hit him on his chest and waist. Due to the fire arm shot, Gurdev Singh fell down. Thereafter, Jeon Singh and Sukha Singh both sons of Sukhwinder Singh @ Chhinda brought out Sulakhan Singh – the other brother of the complainant from his house. Then Jeon Singh fired a shot at Sulakhan Singh which hit him on his left thigh and Sulakhan Singh fell down. The complainant along with Sahib Singh son of Gurdev Singh raised an alarm. At that time, 3-4 other persons had also come to the Haveli of the complainant along with the assailants on two motorcycles. On raising an alarm by the complainant, all of them ran away on their vehicles. Gurdev Singh died on the way to the hospital and Sulakhan Singh was admitted at Civil Hospital, Zira. The petitioners – Sukhwinder Singh @ Chhinda and Sukhdev Singh @ Sukha are not attributed any specific role. Sukhwinder Singh @ Cr Misc M- 32648 of 2009 3 Chhinda is attributed only a Lalkara, besides he is alleged to be armed with a dang which admittedly has not been used in the incident. The two sons of Sukhwinder Singh @ Chhinda namely Jeon Singh and Sukhdev Singh are in custody. Insofar as Sukhdev Singh son of Iqbal Singh is concerned, admittedly no injury has been attributed to him. Learned counsel for the state and the complainant submit that in any case they are liable for their act in view of the provisions of Section 149 IPC. This, however, has to be established after evidence has been led. Sukhwinder Singh @ Chhinda is in custody since 13.9.2009 while Sukhdev Singh @ Sukha son of Iqbal Singh is in custody since 16.3.2009. The brother of Sukhdev Singh @ Sukha namely Mangal Singh and their father namely Iqbal Singh are also in custody. Keeping in view the role attributed to them and the period they have been in custody, it would be just and expedient that they are granted the concession of bail. Accordingly, both these petitions are allowed and the respective petitioners namely Sukhwinder Singh @ Chhinda son of Jag Singh and Sukhdev Singh @ Sukha son of Iqbal Singh on their furnishing personal bond and surety each to the satisfaction of the learned CJM Ferozepur, shall be admitted to bail. 19.4.2010 ( S.S.SARON ) ASR Judge