IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1) Crl.M. No. M-34229 of 2008 Date of decision : 13.2.2009. ... Balbir Singh and others ................ Petitioners vs. State of Punjab .................Respondent 2) Crl.M. No. M-560 of 2009 ... Ranjit Singh ................ Petitioner vs. State of Punjab .................Respondent Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. J.S. Bedi and Sh. M.S. Sidhu, Advocates for the petitioners. Sh. P.S. Bajwa, Assistant Advocate General, Punjab Sh. B.S. Jaswal, Advocate for the complainant ... K.C. Puri, J. (Oral) Vide this order, I intend to dispose of Crl.M.Nos. M-34229 of 2008 and M-560 of 2009 as both these cases arise out of same FIR. Petitioners – Balbir Singh, Mandeep Singh and Sarfraj Singh have filed Crl.M.No. M-34229 of 2008 for grant of anticipatory bail, while, petitioner-Ranjit Singh has filed Crl.M.No. M-560 of 2009 for grant of regular bail, in case FIR No. 84 dated 27.6.2008 under Sections 302, 326, 324, 323, 341, 148 and 149 IPC and Section 25, 27, 54 and 59 of the Arms Act, registered at Police Station Raja Sansi, District Amritsar. As per allegation of the prosecution, the law was set in motion by recording the statement of Jagbir Singh s/o Balwinder Singh, who has stated as under:- “Statement of Jagbir Singh @ Kala s/o Balwinder Singh Caste Jat r/o Bogekalan aged about 21-22 years. Stated that I am resident of above said address. Today I alongwith my father Balwinder Singh, brother Charanjit Singh @ Bau and Chacha Hardip Singh were going in our Scorpio vehicle to Satnam Singh s/o Makhan Singh for asking the welfare of his wife Gurjit Kaur who was operated upon few days ago for a uterus problem. When we were returning after meeting her then at about 7/7.30 PM, the lights of our vehicle are on and when we reached the pucca road, we saw in the lights of our vehicle that Tejbir Singh @ Tilla son of Balbir Singh armed with 12 bore gun, Jerman Singh s/o Ranjit Singh armed with Kirpan, Bikram Singh s/o Balbir Singh armed with Gandasi, Raj Mahinder Singh s/o Kashmir Singh armed with Gandasi, Mandeep Singh s/o Balbir Singh armed with Kirpan, Ranjit Singh s/o Lakha armed with Gandasi, Sarfaraz Singh s/o Hardev Singh armed with Gandasi, Balbir Singh s/o Sadhu Singh armed with Gandasi, caste Jat r/o Bogekalan were standing on the road. They signaled me to stop the vehicle. On this I stopped the vehicle and we went to them to ask the reason. As to why they have stopped our way. Then Balbir Singh s/o Sadhu Singh shouted a lalkara that today they should not be spared and they be taught a lesson for becoming a leader of the village. Then Mandip Singh s/o Balbir Singh gave a Kirpan blow on me and to save myself I raised my left hand and the Kirpan hit at my ring finger of the left hand. Ranjit Singh s/o Lakha Singh gave a Gandasi blow which hit at my right arm. Then again Ranjit Singh gave a reverse blow of Gandasi on me which hit on the right side of my head. Bikram Singh s/o Balbir Singh gave a Gandasi blow on my brother Charanjit @ Bau which hit on his right thigh. Jerman Singh s/o Ranjit Singh gave two continuous blow of Kirpan on Charanjit @ Bau which hit his right wrist. My father Balwinder Singh tried to save us, then, Raj Mahinder Singh gave Gandasi blow on him which hit his left toe. Then Bikram Singh s/o Balbir Singh gave two continuous blow of Gandasi on my father which hit on the back of his left leg. Then Jerman Singh s/o Ranjit Singh gave a Kirpan blow on my father which hit his right leg. My father tried to move back, Tejbir Singh @ Bhola s/o Balbir Singh who was armed with double barrel 12 bore gun, fired a shot at my father which hit at the left side of back of my father above his waist. My father fell down and to save him my Chacha moved forward. Then Mandip Singh s/o Balbir Singh gave Kirpan blow on him, which hit his left waist then Mandip Singh gave two continuous blow of Kirpan on Hardip Singh which hit on his left side of his head and in the middle of his head. Then Jerman Singh s/o Ranjit Singh gave a Kirpan blow on Hardip Singh which hit him near the left ear. Then Ranjit Singh s/o Lakha Singh gave a Gandasi blow on Hardip Singh which hit on his right leg. In the meantime Hardip Singh fell back side up and while he was lying, Balbir Singh s/o Sadhu Singh and Sarfaraz Singh s/o Hardev Singh gave 4/5 blows each of reverse of their Gandasis on him. In the meantime Satnam Singh s/o Makhan Singh whose house is nearby came there to save us. Sarfaraz Singh s/o Hardev Singh gave reverse blow of Gandasi on his head and one another reverse blow of Gandasi was given on his head by Balbir Singh s/o Sadhu Singh. We shouted for help and my grand father Pritam Singh came to the spot and he witnessed the entire occurrence and he also shouted for help and thereafter all the assailants ran away from there along with their respective weapons. We all were got admitted by my grand father at Guru Nanak Dev Hospital, Amritsar after arranging the vehicle. There my father Balwinder Singh expired. The remaining injured persons are under treatment. The above accused persons have caused death of my father and had inflicted injuries on us with intention to kill us. Action be taken.” Counsel for Balbir Singh, Mandeep Singh and Sarfraj Singh – petitioners, who are seeking anticipatory bail have submitted that all these three accused have been exonerated during the course of enquiry. It is further contended that Sarfraj Singh – accused remained in custody for a period of four months and thereafter he was discharged. So, all the three petitioners are entitled to the concession of anticipatory bail. It is further contended that Balbir Singh is aged about 70 years and all his family members have been involved. So, they are entitled to the concession of anticipatory bail. He has also referred to the reports Annexures P-6 and P-7. He has further contended that both the parties were joined before giving the report exonerating the petitioners. On the other hand, learned State counsel, assisted by Sh. B.S. Jaswal, counsel for the complainant, has submitted that Mandeep Singh – petitioner is working as MHC and report exonerating the petitioners have been given in order to favour them and has further contended that no reasoning has been given for exonerating the petitioners. All the petitioners have taken an active part in the occurrence as mentioned in the FIR. So, they are not entitled to the concession of anticipatory bail. I have carefully considered the submissions made by both the sides and have also gone through the record of the case. From the perusal of the report exonerating the petitioners, it is revealed that no reasoning has been given for exonerating. Simply it has been mentioned that they were not present. In the FIR it is mentioned that Balbir Singh and Sarfraj were armed with gandasi, whereas Mandeep Singh was armed with Kirpan and they have taken an active part in the occurrence. So, in these circumstances, offence under Section 302 IPC is made out. No case for grant of anticipatory bail is made out. So, their bail application stands dismissed. Learned counsel for Ranjit Singh – petitioner has submitted that Ranjit Singh has been attributed injury only to the witness and no injury has been attributed to the deceased. He has further submitted that petitioner-Ranjit Singh is in custody since 7.7.2008. So, on that account he is entitled to the concession of bail. I have considered the said submission also. From the perusal of the FIR, it is revealed that he has inflicted injury on two persons and has taken an active part in the occurrence. So, no ground for grant of bail is made out. Consequently, bail applications of all the petitioners stand dismissed. ( K.C. Puri ) 13.2.2009. Judge chug