In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-33965 of 2008 ..... Date of decision:31.3.2009 Hardial Singh .....Petitioner v. State of Punjab .....Respondent .... Present: Mrs. G.K. Mann, Advocate for the petitioners. Mr. Sudhir Nehra, Additional Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks regular bail in the case pending trial for the offences under Sections 302, 324, 449, 447, 148 and 149 IPC and Sections 25 and 27 of the Arms Act. The FIR in the case was recorded on the statement of Major Singh, resident of Dhariwal. It is stated by the complainant that he does business of Karyana. He has landed property and house at Village Dhariwal. They are three brothers and he was the youngest of them all. Three brothers were joint in agriculture in Village Dhariwal and they had a joint house there. The complainant was some time temporarily residing in the house of late Sukhdev Singh son of his real paternal uncle (Taya) Tara Singh. He was also his elder brother-in-law (Sadu). The complainant was living at Patti and taking care of his children and his house temporarily. He resides at Patti for two-three days and comes to Village Dhariwal for three- Cr. Misc. No.M-33965/2008 [2] four days to look after his agriculture work. On 29.6.2003, Panchayat elections were being held in which Randhir Kaur, wife of the complainant was contesting as Sarpanch on behalf of the Congress party. From the other side Sukhraj Kaur wife of Gurdeep Singh, Sarpanch and Smt. Ranjit Kaur wife of his younger brother Gursharan Singh were contesting on behalf of Akali Dal Badal party for the post of Sarpanch. On the polling day since 8.00 a.m. at booths No.56 and 57 situated at Government Elementary School their party had deputed Gurmukh Singh son of Dalip Singh, resident of Village Dhariwal as polling agent. The other side had deputed Gursharan Singh, the younger brother of Sarpanch Gurdeep Singh and also deputed Puran Singh son of Kartar Singh as their polling agents. At about 8.30 a.m., the complainant was standing in line at Booth No.57 to cast his vote. In front of him one lady, whose name he did not know, went to the booth to cast her vote where Gursharan Singh, polling agent took her ballot paper and put a stamp on it. This was objected to by the polling agent of the complainant, namely, Gurmukh Singh. There was a verbal dual between them and Gursharan Singh started abusing Gurmukh Singh. They came out in the verandah of the school where Gurdeep Singh, Sarpanch and his wife Sukhraj Kaur were standing. On seeing them, Gursharan Singh started raising `Lalkara' that today all their brothers had died while living. How these cheap people could stand to contest election against them for the post of Sarpanch. On this Gurdeep Singh, Sarpanch and his wife Sukhraj Kaur started raising `Lalkara' that on the said day Major Singh and his party may not be allowed to go alive. They be given the permanent post of Sarpanch. On hearing the `Lalkara', Gurdeep Singh's brother Gurmit Singh Cr. Misc. No.M-33965/2008 [3] armed with .315 bore rifle and Kirpan and Gurvinder Singh armed with Kirpan and Gurdev Singh alias Hardev Singh sons of Naranjan Singh armed with Kirpan, Swinder Singh son of Dara Singh armed with Kirpan and Harjeet Singh son of Bawa Singh armed with Kirpan, residents of Village Dhariwal while raising `Lalkara' and hurling abuses after jumping over the wall of the school entered in the booth from the back side of the room which was without doors and windows along with other persons who were holding .12 bore gun also came there. Gurmit Singh handed over his .315 bore gun to his brother Gurdip Singh and Gurmit Singh gave a blow with Kirpan to the complainant with an intention to kill him. In order to save himself, the complainant moved backward and the blow hit on the back side of his thigh. The persons from the party of the complainant, namely, Satnam Singh and polling agent Gurmukh Singh, who were standing on the ground of the school came forward to rescue him. When the three persons came forward, then Harjit Singh with an intention to kill gave a Kirpan blow on Satnam Singh and to save himself he raised his left hand to ward off the blow. In the fight that ensued, no role has been attributed to the petitioner. In fact, the name of the petitioner does not figure in the FIR. However, the statement of Joginder Singh (PW-12) was recorded in which it is stated that the petitioner was armed with a double barrel gun. Admittedly, the said gun has not been used in the occurrence. The petitioner had earlier filed two applications for bail one of which was dismissed by this Court on 27.1.2006 (Annexure-P.5). Thereafter, another application was dismissed on 17.8.2006. The petitioner was declared as proclaimed offender and he surrendered on 22.12.2004 and since then he is in custody. The trial in the case is complete and the prosecution has recorded all the evidence. Cr. Misc. No.M-33965/2008 [4] However, the passing of final order has been stayed by this Court vide order dated 29.5.2008 passed in Criminal Revision No.1005 of 2008. The said criminal revision is now listed for final hearing. It may be noticed that the other co-accused of the petitioner are on bail. The petitioner had been declared as proclaimed offender, however, he has surrendered and is in custody since 22.12.2004. In the circumstances, petitioner is also entitled to the concession of bail. Accordingly, the criminal miscellaneous petition is allowed and the petitioner on his furnishing personal bond and two sureties to the satisfaction of learned Chief Judicial Magistrate, Amritsar shall be admitted to bail. March 31, 2009. (S.S. Saron) Judge *hsp*