Crl. Misc. No. M-3818 of 2010 (O&M), Crl. Misc. No. M-4996 of 2010 (O&M), Crl. Misc. No. M-5204 of 2010 & Crl. Misc. No. M-5654 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-3818 of 2010 (O&M) Date of Decision: July 21, 2010 Balwinder Singh alias Binder ........Petitioner Versus State of Punjab ........Respondent And Crl. Misc. No. M-4996 of 2010 (O&M) Balkar Singh alias Kala ........Petitioner Versus State of Punjab ........Respondent And Crl. Misc. No. M-5204 of 2010 Subhash Kumar ........Petitioner Versus State of Punjab ........Respondent And Crl. Misc. No. M-5654 of 2010 Gurwinder Singh alias Kaka Singh ........Petitioner Versus State of Punjab ........Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Mansur Ali, Advocate, for the petitioners In CRM-M-3818 of 2010 & CRM-M-4996 of 2010. Mr. H.S. Baath, Advocate, for Mr. RVS Chugh, Advocate, for the petitioner In CRM-M-5204 of 2010. Crl. Misc. No. M-3818 of 2010 (O&M), Crl. Misc. No. M-4996 of 2010 (O&M), Crl. Misc. No. M-5204 of 2010 & Crl. Misc. No. M-5654 of 2010 2 Ms. Seema Arora, Advocate for Mr. C.M. Munjal, Advocate for the petitioner In CRM-M-5654 of 2010. Mr. Amandeep Singh Rai, AAG, Punjab. SABINA, J. Vide this judgment CRM-M-3818 of 2010, CRM-M- 4996 of 2010, CRM-M- 5204 of 2010 & CRM-M- 5654 of 2010 would be disposed of as they have arisen out of the same FIR. The contents of the FIR (Annexure P-1) read as under:- “Statement of Sh. Sukhdev Singh Inspector S.H.O. P.S. Sardulgarh Age 52 years hereby state that I am posted as S.H.O. P.S. Sardulgarh. Today I alongwith H.C. Pargat Singh No.533 C. Balkaran Singh 287, and P.H.G. Makhan Singh 21662 were riding on Government Vehicle No.PB-31C-8265 being driven by C. Balkaran Singh 287. In case No. 47 dated 23.06.09 under Section 15,61, 85 NDPS Act P.S. Sardulgarh and had put up a Naka at Bus Stand Sardulgarh for investigation of the said case. At 9.00 P.M. The vehicle No. PB-20A-7867, White Colour, Scorpio recovered during the above case which was being driven by Subhash resident of Harike. On the front seat Balwinder Singh alias Binda son of Raja Ram Caste Bazigar resident of Jhunir and on Central seat Balkar Singh alias Kala son of Mohinder Singh Jat resident of Khiali Chehlan village and Gurbinder Singh alias Kala son of Gurjit singh Jat resident of Jhunir was sitting. When they came then I Inspector Crl. Misc. No. M-3818 of 2010 (O&M), Crl. Misc. No. M-4996 of 2010 (O&M), Crl. Misc. No. M-5204 of 2010 & Crl. Misc. No. M-5654 of 2010 3 signaled them to stop. The driver slowed down the vehicle, but drove on the main road side towards Jhunir. H.C. Pargat Singh identifies them very well. Then I Inspector alongwith the employees followed the Scorpio in our Government vehicle and asked the S.H.O. Jhunir on phone to put a naka at Jhunir. Then this vehicle after reaching Jhunir, turned towards road of PWD Quarters via the village and reached the house of Balwinder Singh @ Binda resident of Village Jhunir. Then I alongwith the employees searched the house of Balwinder Singh and tried to catch hold of the culprits but the culprits had already got collected 40-50 persons including women, by telephoning the house of Balwinder Singh and opposed the arrest of these persons. Then I Inspector tried to make these persons understand the matter that there was a case registered against Balwinder Singh and others at P.S. Sargulgarh for carrying poppy husk, so they were to be arrested in that connection. In case any of the V.I.P. of the villagers wanted to discuss the matter with us then he can come forward. Balwinder Singh alias Binda, immediately reacted and said they will teach us lesson for catching poppy husk. Then Balwinder Singh while saying this attacked me with a Daang, brought from his house, in my head, with an intention to kill me, but I saved myself by raising my right arm. The Daang hit me on my right arm at the elbow and hand at the centre. Then Gurbinder Singh alias Kala, Balkar Singh and Subhash attacked me mercilessly with 'Daangs' and I got a Crl. Misc. No. M-3818 of 2010 (O&M), Crl. Misc. No. M-4996 of 2010 (O&M), Crl. Misc. No. M-5204 of 2010 & Crl. Misc. No. M-5654 of 2010 4 number of injuries on my body. Then Balkar Singh took away my service revolver and started fired in the air. Then rest of the mob attacked Pargat Singh H.C., C. Balkaran Singh, & P.H.G. Makhan Singh. The uniform of Pargat Singh was torn off, Balkaran Singh was put and locked in the room and he was given fist cuffs. Catching strength Makhan Singh P.H.G. fired in the air twice for his self-defence. Had he not fired in the air then they could have killed us. Balwinder Singh and other ran away in their Scorpio Vehicle which was loaded with poppy husk as was visible clearly and they also took my service revolver loaded with 6 rounds. Rest of the mob also whisked away form the spot murmuring trifles. During this scuffle my Mobile Phone Nokia N-72 bearing SIM No.9815601023 also fell down which was also picked up by some one. Then your goodself reached on the spot with police party and you got freed C. Balkaran Singh. You have written my statement and the same is heard and found as correctly written. Sd/- Sukhdev Singh, Inspector S.H.O. P.S. Sardulgarh. Attested by Gurdev Singh 1999 FDR P.S. Jhunir dated 23.6.2009.” Learned counsel for the petitioners have submitted that the petitioners have been falsely involved in this case. In fact, no recovery of the contraband was effected at the spot. Petitioners Balkar Singh and Gurwinder Singh were arrested on 24.7.2009 and petitioner Subhash Kumar was arrested on 27.7.2009. Petitioner Balwinder Singh was arrested on 20.11.2009. No recovery was effected from petitioner Balwinder Singh. Crl. Misc. No. M-3818 of 2010 (O&M), Crl. Misc. No. M-4996 of 2010 (O&M), Crl. Misc. No. M-5204 of 2010 & Crl. Misc. No. M-5654 of 2010 5 However, from the petitioners Balkar Singh and Gurwinder Singh recovery of two bags of poppy husk had been shown from a public place on the basis of their disclosure statements after their arrest. One scorpio vehicle was recovered from the petitioner Subhash Kumar. In fact, the police officials after entering the house of Balwinder Singh had caused injuries to the lady relative of petitioner Balwinder Singh. All the articles in the house had been damaged. Petitioners were falsely involved in a case under Section 307 IPC on the allegations that they had attacked the police officials. Only examination-in-chief of one prosecution witness has been done so far. Learned State counsel, on the other hand, has opposed the petition. Keeping in view the facts and circumstances of the cases, it would be just and expedient to release the petitioners on bail. Petitioners are in custody since long. At the time of the alleged occurrence no recovery of contraband was effected from the petitioners nor they were arrested at the spot. The petitioners have been arrested in July/November, 2009. Recovery of contraband has been shown to be effected from petitioners Balkar Singh and Gurwinder Singh after they were arrested from a public place. Whether the petitioners are guilty of the offence alleged to have been committed by them would more appropriately be gone into and considered during trial. Accordingly, without expressing any opinion on the merits of the case, these petitions are allowed. Petitioners be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Mansa. (SABINA) July 21, 2010 JUDGE Anand