IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-35265 of 2009 Date of decision : 2.2.2010 Sukhjinder Singh and another …. Petitioners Versus State of Punjab …. Respondent Present: Mr. R.K. Handa, Advocate for the petitioners. Mr. Shilesh Gupta, DAG, Punjab. **** S.S. SARON, J. The petitioners Sukhjinder Singh and Jagjit Singh @ Jagga seek regular bail in a case registered against them for the offences under Sections 302, 307, 341, 148 and 149 Indian Penal Code (“IPC” – for short) as also Sections 25 and 27 of the Arms Act. The FIR in the case has been registered on the statement of Harinder Singh. It is alleged by the complainant that on 23.12.2008 at about 5.30 p.m. he and the son of his uncle Amrik Singh namely Gagandeep Singh (deceased) and his uncle Gurmit Singh were coming from their fields to their house on a tractor trolley. On the way when they reached the main gate of the Haveli of Captain Gulzar Singh, he was standing there armed with double barrel gun. His sons Ravinder Singh @ Ninder and Harjinder Singh @ Bau were also with him. Both of them were also armed with Crl. Misc. No. M-35265 of 2009 [2] double barrel guns. Besides, Harpal Singh, Mangal Singh and Kanwaljit Singh were armed with a ‘dang’ each. Sukhjinder Singh (petitioner No.1) and Jagjit Singh @ Jagga (petitioner No.2) were armed with a ‘gandasi’ each. They came in front of the complainant and Harpal Singh raised a lalkara to catch hold of all of them; they were to teach them a lesson for digging earth from their lands. On this Kanwaljit Singh, Sukhjinder Singh (petitioner No.1) and Jagjit Singh @ Jagga (petitioner No.2) after stopping the tractor attacked with their gandasis and dangs on the tractor of the complainant. The complainant got afraid and tried to run away by jumping from the tractor. Then Harjinder Singh @ Bau son of Captain Gulzar Singh fired with the double barrel gun which was in his hand on Gagandeep Singh which hit him on his chest. He died at the spot. He also fired with the said gun which hit the complainant on his right upper arm. Captain Gulzar Singh fired with his double barrel gun on the complainant Harinder Singh which hit him on the front side of his chest. The complainant raised hue and cry ‘mar ditta – mar ditta’ and the assailants then ran away from the spot with their respective weapons. After arranging conveyance, Nirmal Singh son of Kehar Singh got them admitted in the Civil Hospital at Ajnala where the doctor after examining the complainant and giving first aid, referred him to Sri Guru Nanak Hospital, Amritsar where the doctors were treating them. It may be noticed that this Court vide orders dated 6.10.2009 (Annexure P2 and P3) granted bail to Mangal Singh and Kanwaljit Singh as also Captain Gulzar Singh. It was observed that Mangal Singh and Kanwaljit Singh were armed with dangs and had Crl. Misc. No. M-35265 of 2009 [3] attacked the complainant party. However, no specific role had been attributed to them. Kanwaljit Singh along with two others, it was observed, had attacked the tractor of the complainant party. The fatal shot was attributed to Harjinder Singh @ Bau son of Captain Gulzar Singh which resulted in death of Gagandeep Singh. Ravinder Singh and Captain Gulzar Singh had also fired a shot each hitting the upper arm and chest of the complainant. However, in the supplementary statements, the complainant Harinder Singh and also witness Gurmeet Singh stated that both the shots which hit the complainant were fired by Ravinder Singh and no shot was fired by Captain Gulzar Singh. Therefore, as per the supplementary statements and inquiry, no specific role has been attributed to Captain Gulzar Singh. Accordingly, Mangal Singh, Kanwaljit Singh and Captain Gulzar Singh were granted the concession of bail. In the present case, Sukhjinder Singh (petitioner No.1) and Jagjit Singh @ Jagga (petitioner No.2) had stopped the tractor of the complainant and attacked them with their gandasis. Their role is somewhat similar to that of Kanwaljit Singh who attacked the tractor of the complainant party with his dang and he has been granted the concession of bail. Besides, Captain Gulzar Singh who was holding a double barrel gun and is stated to have fired has also been granted the concession of bail as in the supplementary inquiry and statements, no specific role had been attributed to him. It may also be noticed that the police has recorded a cross-version on the statement of Ravinder Singh @ Ninder son of Captain Gulzar Singh who has since died. In this regard, a DDR was recorded. However, according to the learned counsel for the petitioners, no action has been taken. During Crl. Misc. No. M-35265 of 2009 [4] investigation, the statement of Gurmit Singh son of Balwant Singh who is father’s elder brother of Gagandeep Singh (deceased) was recorded by the police. He stated that Captain Gulzar Singh came empty handed at the spot. He also stated that Ravinder Singh @ Ninder (deceased) after snatching the revolver from his brother Harjinder Singh @ Bau fired a shot at the complainant Harinder Singh which hit him on his right upper arm and the second shot hit the complainant on his chest. Harinder Singh, complainant at whose instance the FIR has been registered also made a supplementary statement on 24.12.2008. He stated that Ravinder Singh @ Ninder (deceased) after snatching the revolver from his brother Harjinder Singh @ Bau fired two shots out of which one hit the complainant on his right upper arm whereas the second shot hit him on his chest and he fell down on the ground. Thereafter, Ravinder Singh @ Ninder fired in the air with a .315 bore rifle to scare them. The petitioners are in custody since December, 2008. According to the petitioners, out of 29 witnesses cited by the prosecution only three have been examined. The trial in the case is likely to take time. In the circumstances, the petitioners on their furnishing personal bonds and surety each of the satisfaction of the learned Chief Judicial Magistrate, Amritsar shall be admitted to bail. (S.S. SARON) JUDGE February 2, 2010 amit