Crl. Misc. No.M-30008 of 2010 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-30008 of 2010 Date of decision: 22.11.2010 Mohar Singh .. Petitioner Versus State of Punjab .. Respondent Present:- Mr.Lajwant Singh Virk, Advocate, for the petitioner. Mr.M.C.Berry, Addl.A.G., Punjab. * * * * S.S. SARON, J. Heard counsel for the parties. The petitioner-Mohar Singh seeks regular bail in a case registered against him on 30.04.2010 for the offences under Sections 302, 307, 447 and 34 IPC; besides, Section 25 of the Arms Act at Police Station Jaitu, District Faridkot. In the incident that occurred on 30.04.2010, it has been alleged by the complainant-Jaspal Singh @ Pala that at about 1.45 p.m., on the said date, he along with his elder brother Gurlal Singh and his father (Harbans Singh-deceased) were carrying bags of fodder (Turi) from their fields to their house, which was at a distance of about 3 'Killas' (measurement by demarcation of acre) from the fields. At that time, they saw that their land measuring 18 Kanals, which is under dispute, his uncle's son Gurcharan Singh son of petitioner-Mohar Singh armed with 12 bore gun and petitioner-Mohar Singh armed with the dang; besides, his aunt's son Iqbal Singh @ Bita, resident of Harraipur (Tikoni) armed with pistol and a boy from the village namely Raju Singh who was driving the Crl. Misc. No.M-30008 of 2010 ::2:: tractor were all cultivating their land measuring 18 Kanals which was under dispute. Gurcharan Singh and Iqbal Singh got down from the tractor and stood under a tree for keeping watch all around. When the complainant side took notice of this then they left their work and went to stop them from cultivating the land. The complainant side called them in a loud voice from a distance that as to why they were cultivating their land in dispute. Then, the petitioner-Mohar Singh raised a lalkara and said that 'a lesson be taught for stopping them from cultivating the land'. Then Gurcharan Singh (non-petitioner) fired at Harbans Singh (deceased)-father of the complainant with an intention to kill him, which hit on the right side of his stomach. After seeing the Gurcharan Singh; Iqbal Singh (non-petitiners) also fired with his pistol towards the complainant's brother Gurlal Singh with an intention to kill him, which hit on his legs. Then, Gurcharan Singh fired on the complainant's brother with his gun, which hit on his legs and thigh and some pellets and also hit on the legs and right arm of the complainant-Jaspal Singh @ Pala. When, father of the complainant namely Harbans Singh (deceased) went towards the accused, then Gurcharan Singh fired on him which hit on his stomach and chest and he (Harbans Singh) fell down. Then, aunt's son of the complainant namely Iqbal Singh fired one more shot on his (complainant's) father, who was lying down on the ground. Then, they both i.e. Gurcharan Singh and Iqbal Singh fired on the complainant side and the pellets of those shots hit on the person of the complainant and also the person of his brother-Gurlal Singh. After hearing the noise, Bhajan Kaur (mother of the complainant), Baljit Singh (his brother- in-law) came towards them and shouted “Bacho Bacho” . Then, Gurcharan Singh and others ran away from the spot along with their weapons except their tractor. The complainant, his mother and his brother-in-law carried the injured-Harbans Singh towards their house which was about 40-50 steps away from the spot but he died. The dispute Crl. Misc. No.M-30008 of 2010 ::3:: in the case was that the accused wanted to have only their possession of 18 Kanals land which was in possession of the complainant side and they wanted to stop them from doing this. So, the accused in connivance with each murdered the father of the complainant namely Harbans Singh and injured the complainant and his brother with an intention to kill them. An ambulance of the Naujwan Welfare Society, Jaitu came there and carried the complainant's brother, who was badly injured, to the hospital. The complainant left his mother to keep a watch on the dead-body of the Harbans Singh (father of the complainant) and he came along with Baljit Singh (his brother-in-law) to the Police Station whereas the Police met him on the way and his statement was recorded. A perusal of the FIR shows that the petitioner-Mohar Singh has not been attributed any injury on the person of Harbans Singh or Gurlal Singh, the father and brother respectively of the complainant-Jaspal Singh @ Pala. The petitioner is said to be standing at the spot with a dang and has been attributed a lalkara only. The petitioner is in custody since 13.05.2010. The charges in the case have not yet been framed. The trial in the case is likely to take time. The involvement of the petitioner is to be established after evidence is led. The petitioner is stated to be above 60 years of age. According to the learned counsel for the petitioner, the petitioner in fact has been in possession of the disputed land measuring 18 Kanals. A reference has been made to the order dated 28.04.2010 (Annexure P-1) passed by the learned Civil Judge (Senior Division), Faridkot, whereby temporary injunction has been granted in favour of the petitioner with respect to the land measuring 18 Kanals 1 Marla against Harbans Singh (deceased), Jaspal Singh (complainant) and Gurlal Singh (brother of the complainant). Therefore, according to learned counsel for the petitioner, the petitioner was in possession of the land. This aspect, Crl. Misc. No.M-30008 of 2010 ::4:: however, is to be considered and gone into at the appropriate stage by the learned trial Court. In any case, keeping in view the fact that the petitioner has not been attributed any specific injury; besides, only a lalkara has been attributed to him and even otherwise an order of temporary injunction dated 28.04.2010 (Annexure P-1) is in his favour, it would be just and expedient that during the trial, the petitioner is granted concession of bail. In the facts and circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Fardikot, shall be admitted to bail. The criminal miscellaneous petition is accordingly disposed of. November 22, 2010 (S.S. SARON) sukhpreet JUDGE