CRM-M 23380 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M 23380 of 2009 Decided on 04.11.2009 Manpreet Singh --.Petitioner Versus State of Punjab --Respondent CRM-M 26370 of 2009 Decided on 04.11.2009 Amritpal Singh --.Petitioner Versus State of Punjab --Respondent CRM-M 23630 of 2009 Decided on 04.112009 Mandeep Singh --.Petitioner Versus State of Punjab --Respondent CRM-M 24521 of 2009 Decided on 04.11.2009 Harjinder Singh --.Petitioner Versus State of Punjab and another --Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN PRESENT: Sarvshri Arihant Jain,Arvinder Singh,H.S.Kamboj and Ms.Meenakshi Dogra,Advocates,for the petitioners Mrs.Rajni Gupta,Addl.A.G.Punjab Ms.Meenakshi Dogra,Advocate for complainant in CRM-M 23630 and24521 of 2009. Rakesh Kumar Jain, J: By this common order, I shall dispose of four petition CRM-M 23380 of 2009 2 bearing CRM-M Nos.23380 of 2009 (Manpreet Singh Vs. State of Punjab), CRM-M 26370 of 2009 (Amritpal Singh Vs. State of Punjab), CRM-M 23630, (Mandeep Singh Vs. State of Punjab) and CRM-M 24521 of 2009, (Harjinder Singh Vs. State of Punjab and another) as all have arisen out of FIR No.61 dated 03.5.2009, registered under Sections 364,323,148,149 IPC at Police Station, Sadar Malerkotla, District, Sangrur. However, for the sake of convenience, the facts are being extracted from CRM-M 23380 of 2009 (Manpreet Singh Vs. State of Punjab). Palwinder Singh son of Amarjit Singh is the author of the FIR, who has alleged that on 02.5.2009, he had gone to Malerkotla on his Hero Honda motor cycle bearing No. PB29C-0714 due to some personal work. There he met Sewa Singh, Caste Jat, resident of Sarvarpur. He and Sewa Singh were coming from Malerkotla on motor cycle driven by him. Sewa Singh was pillion rider. When they reached at Ranwa Drain Bridge near Rai Farm, at about 10.30 a.m. then driver of one Indica Car, coming from behind, hit his motor cycle, as a result of which, he lost his control and the Motor Cycle fell on left side of the road and they fell on the road. Thereafter, four young persons came out of the car having sticks in their hands . One of them namely Gurpreet Singh son of Krishan Singh, Caste Nai, resident of Sarvarpur,started giving him beating with stick. Said Gupreet Singh gave 2/3 stick/danda blows on his right leg. The other persons gave two danda blows on the left knee and thigh. Gurpreet Singh gave one more stick blow on his left arm. Thereafter, all the four persons took him into the car with the intention to kill. The person who was driving CRM-M 23380 of 2009 3 the car was resident of Phasour and is the son of Gurpreet Singh's Aunt, whom he knew since school days. Gurpreet Singh was sitting besides him. Two boys made him to sit on the back seat of the car, out of which one boy who was having “Uchi Dandral” (increased labial proclanation of upper front teeth) was resident of Rajinder Nagar whom he knew since school days. The other boy was of village Ranwa. The boy belonging to Rajinder Nagar gave blow on his left eye and left side of the head. They said that they would kill him for beating Piti. After some distance at village Chokra Bus Stand, one more boy boarded the car who had also beaten him. Then the above mentioned persons brought him to a liquor shop of village Narike towards Malerkotla side and took him out of the car, threw him on the ground and gave stick (danda) blow on his shoulders, right elbow and right wrist. On seeing 2/3 cars coming from Malerkotla, the aforesaid persons ran away with their sticks towards the Guhar side. The complainant has stated that he can identify the person belonging to Ranwa village and the person joined at Chokra village Bus Stand who were aged between 28 to 30 years. Before coming to this Court, the petitioners Harjinder Singh, Manpreet Singh and Amritpal Singh had jointly applied for anticipatory bail before the Court below, which was dismissed by learned Addl.Sessions Judge, (FTC) II, Sangrur ,vide his order dated 18.8.2009. However, all the three accused have now filed their separate bail applications as mentioned here-in-above, whereas Mandeep Singh has filed a separate bail application which has been dismissed by learned Addl.Sessions Judge (A) FTC-II, Sangrur, vide CRM-M 23380 of 2009 4 his order dated 18.8.2009. Learned counsel for the petitioners, while arguing CRM- M 23380 of 2009, has submitted that the complainant has specifically named Gurpreet Singh alias Piti, whereas the other persons who had allegedly participated in the alleged crime were known to him since his school days as he has stated that the person who was driving the car was the son of Aunt of Gurpreet Singh, resident of Phasour whom he knew since school days. The boy who was having “Uchi Dandral”(increased labial proclanation of upper front teeth) is a resident of Rajinder Nagar, was known to him from his school days. The other boy was from village Ranwa. However, he did not name them. One more boy who had boarded the car after crossing the bus stand of village Chokra was not allegedly identified by the complainant. Learned counsel for the other accused have also argued that the alleged injuries caused to the complainant are simple in nature and no offence under Section 364 IPC is made out. It is also submitted that in terms of the order passed by this Court, the petitioners have joined the investigation. On the contrary, learned counsel for the State has argued that though the petitioners have joined the investigation, yet they have caused 13 injuries to the complainant after beating him with an intention to kill. Out of 13 injuries, one injury has been found to be grievous in nature which has been caused with sharp edged weapon. It is submitted that attempt to eliminate the complainant is writ large as he was removed from a particular place and was taken to a secluded CRM-M 23380 of 2009 5 place where he was taken out of the car and was given beating, but as good luck would have it, on seeing 2/3 cars coming from the side of Malerkotla, the accused/assailants ran away in their car with their sticks . It is also submitted that Amritpal Singh is a person who is having Uchi Dandral (increased libial proclanation of upper front teeth). It is submitted that there is no dispute about the identity of Mandeep Singh petitioner, who belongs to village Ranwa. It is further submitted that one more person who had boarded the car from village Chokra is out of the other accused and the person who was driving the car was Harjinder Singh. It is also submitted that recoveries are yet to be effected. After hearing the learned counsel for the parties and keeping in view the facts and circumstances of these cases, where the accused in order to take revenge had tried to eliminate the complainant and that the investigation is at the initiate stage, I do not find it proper to grant anticipatory bail. Therefore, the present anticipatory bail petitions are hereby dismissed. Nothing observed herein shall be taken as an expression of opinion on the merit of the cases. 04.11.2009 (Rakesh Kumar Jain) RR Judge