Criminal Misc.- M 17120 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 2.8.2011 (1) Criminal Misc. -M 17120 of 2011 (O&M) Gurpal Singh .. Petitioner v. State of Punjab .. Respondent (1) Criminal Misc. -M 19647 of 2011 (O&M) Gian Singh .. Petitioner v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Gopal Sharma, Advocate for petitioner-Gurpal Singh Mr. R. S. Cheema and Mr. D. S. Sandhu, Advocates for petitioner-Gian Singh. Mr. Abhishek Chautala, Assistant Advocate General, Punjab. ... Rajesh Bindal J. This order will dispose of the above mentioned two petitions, as the same arise out of one FIR. Prayer in the petitions is for grant of bail to the petitioners pending trial. The petitioners herein have been arrayed as accused in a cross-version got registered on the statement of Harinder Singh son of Criminal Misc.- M 17120 of 2011 [2] Balbir Singh. Initially, the FIR was registered on the statement of Devinder Singh son of Gurnam Singh. The allegations in the FIR are that Devinder Singh-complainant having found that some body was using welding set on the motor of Baljit Singh, which was at a distance of about five acres from his motor. He informed Baljit Singh on phone. Thereafter, Baljit Singh along with number of other villagers including Gurpal Singh and Gian Singh, the present petitioners, came at the spot. Seeing them coming, the persons who were using the welding set on the motor of Baljit Singh ran away along with their tractor towards GT road. They were stopped and two persons, who disclosed their names as Davinder Singh son of Nachhatar Singh and Ravinder Singh son of Jasbir Singh, were taken into custody by Baljit Singh and other villagers. When they were being brought towards the village, about 10 persons came in Innova Car bearing No. PB- 23-H-1313 near the railway crossing. A scuffle took place between the parties, in which it is stated that Devinder Singh, Gurdeep Singh and Gurpal Singh suffered injuries. The persons, who came in Innova car, rescued Davinder Singh and Ravinder Singh from the custody of Baljit Singh and others. However, two other persons of their party were left at the spot, namely, Gurcharan Singh and Kulwinder Singh, who were brought to the house of Baljit Singh. After giving some beatings to them, they were released. The cross-version was recorded on the statement of Harinder Singh son of Balbir Singh alleging that certain portion of land was taken on lease by his relatives, namely, Darshan Singh and Chanpreet Singh. On the intervening night of 2/3.6.2010, Darshan Singh had sent his relatives, namely, Davender Singh son of Nachhattar Singh and Ravinder Singh son of Jasbir Singh on their tractor with welding set and generator to irrigate the land. They were stopped from doing so. In the fight, Balbir Singh had given a kirpan blow on the head of Harinder Singh (complainant) and the injuries were also inflicted on Kulwinder Singh and Gurcharan Singh. Unfortunately, Kulwinder Singh died 10 days after the incident. Learned counsel for the petitioners submitted that no doubt, the names of the petitioners have been mentioned in the version got Criminal Misc.- M 17120 of 2011 [3] recorded by Devinder Singh son of Gurnam Singh that they had accompanied Baljit Singh while going to the tubewell and further that in a scuffle, which took place near the railway crossing, Gurpal Singh suffered injuries. Gian Singh did not suffer any injury as he did not actively participate in any fight. He merely accompanied Baljit Singh on a call given on a loudspeaker of a Gurudawara Sahib in the village that some body was stealing the transformer of Baljit Singh. Harinder Singh did not suffer any injury at the time of fight which took place near railway crossing as no such statement was got recorded by Harinder Singh in which the petitioners have been named as accused. Kulwinder Singh died on account of some injury allegedly suffered by him while he along with Gurcharan Singh had been taken to the residence of Baljit Singh at 6.00 AM and given certain beatings there, but that injury is attributed to Baljit Singh in the cross version. Both the petitioners were not stated to be present at the house of Baljit Singh. In fact, petitioner-Gurpal Singh had already been admitted in the hospital at 5.20 AM on account of injuries suffered by him in the fight which took place near the railway crossing where none of the persons on the side of the complainant in the cross- version suffered any grievous injury. Kulwinder Singh and Gurcharan Singh, who were taken into custody by Baljit Singh and other persons were admitted in the hospital with multiple injuries at 10.40 AM. Even the statement of Kulwinder Singh was recorded. He also did not name either of the petitioners as the persons who had caused injuries to him. As the injuries, which were inflicted on him, were given at the residence of Baljit Singh, one of the petitioners, namely, Gurpal Singh could not possibly be there as he was admitted in the hospital at that time. Name of petitioner- Gian Singh was also not mentioned. Considering the allegations against petitioners-Gurpal Singh and Gian Singh, who are stated to be in custody since 7.8.2010 and 8.2.2011 respectively, they should be released on bail pending trial considering the fact that only six out of total 29 prosecution witnesses have been recorded. Learned counsel appearing for petitioner-Gurpal Singh even referred to the statement of Harinder Singh, recorded in court as PW-5, Criminal Misc.- M 17120 of 2011 [4] where he stated that he had not seen Gurpal Singh at the time of occurrence. On the other hand, learned counsel for the State submitted that the petitioners were part of the mob, which had attacked the other side, as a result of which Kulwinder Singh died on account of multiple injuries suffered by him 10-11 days after the incident. As far as presence of the petitioners is concerned, that would be the matter of evidence which is yet to be recorded. The case is at the very initial stage as only six, out of total 29 prosecution witnesses, have been examined. In case, the petitioners are released, they may influence the witnesses. Heard learned counsel for the parties and perused the paper books. As is evident from the narration of facts in the FIR and the cross version, the fight took place at two places, firstly it was near the railway crossing in which Gurpal Singh and Harinder Singh suffered injuries. The injury suffered by Harinder Singh in the cross version got recorded by him is not attributed to Gurpal Singh, as it has been specifically mentioned in the cross version got recorded by Harinder Singh himself that Baljit Singh had hit him with kirpan. Gurpal Singh was admitted in the hospital at 5.20 AM. It has further come on record that after this minor scuffle, Baljit Singh and others had taken Gurcharan Singh and Kulwinder Singh to his residence, where they were given beatings. They were admitted in the hospital at 10.40 AM with multiple injuries. Unfortunately, Kulwinder Singh died 10-11 days after the incident. The presence of Gian Singh-petitioner is not shown at the residence of Baljit Singh, where injuries were inflicted to Kulwinder Singh and Gurcharan Singh. Even in the version recorded by Devinder Singh in the FIR, merely it is mentioned that Gian Singh was accompanying them when they went from village to the place where two persons were allegedly using the welding set on the motor of Baljit Singh. Even his presence is not evident in the statement of either of the parties pertaining to an incident which took place at the railway crossing. Considering the aforesaid facts and that the trial may take Criminal Misc.- M 17120 of 2011 [5] some time, petitioners-Gurpal Singh and Gian Singh are directed to be released on furnishing of bail bonds pending trial to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Fatehgarh Sahib. The petitions stand disposed of. (Rajesh Bindal) Judge 2.8.2011 mk