Crl. Misc. No. M- 14975 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 14975 of 2009 Date of decision: 28.5.2009 Harvinder Singh …. Petitioner Versus Vir Davinder Singh and another …. Respondent Present: Mr. APS Deol, Senior Advocate with Mr. Daldeep Singh, Advocate for the petitioner. *** S.S. SARON, J. The petitioner seeks pre-arrest bail in a complaint case in which he has been summoned vide order dated 7.11.2008 (Annexure P3) passed by the learned Judicial Magistrate Ist Class, Bathinda for the offences under Sections 302, 34, 120- B IPC and Sections 25 and 27 of the Arms Act. A perusal of the summoning order (Annexure P3) shows that the complaint has been filed by Vir Devinder Singh against Daroga Singh and others. It has been alleged that on 17.7.2008, the co-accused of the petitioner had gone to village Dan Singh Wala for supporting the petitioner in the election of Sarpanch. Kaka Singh @ Harbhagwan Singh had taken his brother Surjit Singh @ Mota (deceased) by saying that they were to support his near relative Harwinder Singh @ Gora (petitioner). Later the complainant side came to know that Kaka Singh @ Harbhagwan Singh had taken his brother Surjit Singh @ Mota (deceased) in connection with some conspiracy at village Dan Singh Wala. Kaka Singh @ Harbhagwan Singh had taken the persons as mentioned in the complaint to the house of the petitioner. They had refreshments there. At that time, Kaka Singh @ Crl. Misc. No. M- 14975 of 2009 -2- Harbhagwan Singh and the petitioner Harwinder Singh @ Gora went to the side and talked about Surjit Singh @ Mota (deceased) and kept indicating towards him. Thereafter, they spoke to Daroga Singh co-accused and it came to light later on that they had decided that in case the workers of Congress Party were injured then they would get a case registered against the workers of the Congress Party by firing at Surjit Singh @ Mota (deceased). Thereafter, they went to the School, where the votes for the post of Sarpanch were to be cast. An altercation took place between both the parties at the gate of the school. At that time, Balwant Singh @ Gora, Gurdas, Bikram Singh along with Gora @ Harwinder Singh (petitioner), Daroga Singh and Kaka Singh @ Harbhagwan Singh were standing towards the Gurdwara side of the School. Surjit Singh @ Mota (deceased) was standing behind Daroga Singh. During altercation Gora @ Harwinder Singh (petitioner) upon seeing the workers of the Congress Party being injured said that they should also do their work. The petitioner handed over his gun to Daroga Singh and Daroga Singh fired at Surjit Singh @ Mota with 12 bore gun. Daroga Singh, Gora @ Harwinder Singh (petitioner) and Kaka Singh @ Harbhagwan Singh fled away from the spot. Bikram Singh, Balwant Singh @ Gora Singh and Gurdas Singh took care of Surjit Singh @ Mota and asked the workers of Akali party for help and asked them to arrange a car. The driver of the car which was given to Bikram Singh, Blawant Singh @ Gora and Gurdas Singh for Surjit Singh @ Mota (deceased), said that the said car was not in running condition and he left the car by parking it. Learned Senior counsel appearing for the petitioner has submitted that the complainant side had initially registered FIR on 17.7.2008 (Annexure P1) in which the petitioner is not named as an accused. It is after about one and a half months that on 3.9.2008, the complaint (Annexure P2) was filed. On the basis of the said complaint, the summoning order (Annexure P3) has been passed on 7.11.2008. Therefore, it is submitted that being a complaint case, the petitioner is entitled to the concession of pre-arrest bail as his custody is not required for the purposes of Crl. Misc. No. M- 14975 of 2009 -3- investigation. It is also submitted that the petitioner is an Advocate and he would not behave in the manner as is alleged in the complaint. After giving my thoughtful consideration to the matter, it may be noticed that the allegations in the complaint are that the petitioner had pre-planned the murder of Surjit Singh @ Mota in case the workers of the Congress Party were injured. The petitioner was contesting for the office of the Sarpanch from the Congress Party. On the workers of the Congress Party being injured, the petitioner is alleged to have handed over the gun to Daroga Singh who fired which resulted in the death of Surjit Singh @ Mota. Though in the FIR (Annexure P1), the petitioner has not been named as an accused and the complaint (Annexure P2) has been filed after about one and a half months of the occurrence, yet the allegation is that the petitioner handed over the gun to Daroga Singh from which the latter fired. Therefore, the present case is not one for the grant of pre-arrest bail. Nevertheless, the petitioner is not attributed the role of firing at Surjit Singh @ Mota, besides, he was not named in the FIR. Therefore, as an interim measure, it would be just and expedient that the petitioner is granted protection so as to enable him to file and seek regular bail in accordance with law. Accordingly, the Crl. Misc. petition is disposed of with the direction that the petitioner shall put in appearance before the Court of learned Magistrate which has summoned him on 1.6.2009. However, on his appearance, in the event of arrest the said Court shall grant interim bail to the petitioner on his furnishing personal bond and surety to the satisfaction of the said Court. Thereafter he shall on the same day also apply before the concerned Court for regular bail and in case he does so, his application for bail shall be considered by the said Court as expeditiously as possible and preferably within 10 days thereafter. (S.S. SARON) JUDGE May 28, 2009 amit