In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-15715 of 2010 ..... Date of decision:28.6.2010 Kala Singh alias Avtar Singh and another .....Petitioners v. State of Punjab .....Respondent .... Present: Mr. Rakesh Kumar, Advocate for the petitioners. Mr. V.P.S. Sidhu, Assistant Advocate General, Punjab for the respondent-State. Mr. Manish Prabhakar, Advocate for the complainant. ..... S.S. Saron, J. This petition has been filed by the petitioners Kala Singh alias Avtar Singh and Jugraj Singh seeking pre-arrest bail in a case registered against them on 12.4.2010 for the offence under Sections 307, 148 and 149 Indian Penal Code and Sections 25 and 27 of the Arms Act. The FIR in the case has been registered on the statement of Binder Singh, who has alleged that his land is situated at Village Bhaini, Tehsil Sultanpur Lodhi. It is the land of the Central Government and he has been in possession of the same for the last 24 years and the Girdawris of this land were also in his name. The boundaries of the villages Munda Pind and Muhammadabad touch his land. It is alleged that Salwinder Singh alias Shinda (non-petitioner), Jugraj Singh (petitioner No.2), Akhtiar Singh (non- petitioner), Kala Singh (petitioner No.1) all residents of Muhammadabad, District Kapurthala had sown wheat crop in his land by taking forcible Cr. Misc. No.M-15715 of 2010 [2] possession of the same. In this regard a case was pending in the Court at Sultanpur Lodhi and the complainant had got a stay order in his favour from the Court. Regarding this land, a case is also pending in the Court of S.D.M. at Sultanpur Lodhi and 13.4.2010 was fixed for passing the orders in the said case. On 11.4.2010, while the complainant was going towards Village Munda Pind on foot for some personal work and he had reached in front of the country road on the tube-well of Lal Singh son of Gurbachan Singh resident of Munda Pind, then one combine for harvesting wheat crop was coming on the unmetalled path (Katcha path) from the side of Village Munda Pind. It was about 3.00 p.m. during the day. On the said combine Salwinder Singh armed with 12 bore gun, Akhtiar Singh armed with 315 bore rifle, Kala Singh (petitioner No.1) armed with 12 bore double barrel gun, Jugraj Singh (petitioner No.2) armed with 315 bore rifle and another young man who had tied a cloth piece around his mouth was driving the combine had reached near the complainant. Then Akhtiar Singh (non- petitioner) raised a `Lalkara' exhorting them to catch hold of the complainant and teach him a lesson for restraining them from harvesting the wheat crop. In the meanwhile Salwinder Singh alias Shinda (non-petitioner) fired a shot from his 12 bore gun towards the complainant with an intention to kill him, which hit him on his leg. The complainant fell on the ground and raised an alarm of `Maar Ditta-Maar Ditta' and the assailants along with their respective weapons fled from the spot along with the combine. On hearing the noise of the complainant, Kartar Singh, Lakhwinder Singh and Lal Singh residents of Munda Pind who were working in the nearby fields came to him. The said persons had witnessed the incident. Lal Singh after Cr. Misc. No.M-15715 of 2010 [3] making arrangement of a vehicle first took the complainant to Police Station Goindwal Sahib. He was later admitted in Civil Hospital, Sirhali where he was under treatment. The cause of enmity was that the accused had sown the wheat in the land of the complainant by taking forcible possession of the land and the complainant was restraining them from harvesting the wheat crop, due to which they inflicted injuries by firing a shot on him. It was requested that action may be taken. Learned counsel for the petitioners has submitted that Akhtiar Singh and Balwinder Singh sons of Surta Singh are in possession of the land which land belongs to the Central Government. The said land is in the bed of river Beas. It is submitted that the villagers near the river cultivate the land when it is not submerged. The complainant was never in cultivating possession of the land but he along with others had got the Khasra Girdawris of the disputed land entered in his name though the possession of the aforesaid Akhtiar Singh and Balwinder Singh sons of Surta Singh was never disturbed. It is submitted that the complainant wants to grab the land which aforesaid Akhtiar Singh and Balwinder Singh sons of Surta Singh had made cultivable and application regarding correction of Khasra Girdawris of the land is also pending before the Assistant Collector 2nd Grade/Tehsildar Sultanpur Lodhi. Besides, the civil suit is also pending in the Civil Court at Kapurthala. It is also submitted that the petitioners' side had got registered a cross-version vide report No.19 dated 16.4.2010 (Annexure-P.5). However, no action has been taken on the said cross- version and Binder Singh-complainant in the FIR has not been arrested. It is also submitted that Akhtiar Singh son of Surta Singh has also filed a Cr. Misc. No.M-15715 of 2010 [4] representation dated 12.5.2010 (Annexure-P.8) for taking appropriate action against Lal Singh son of Gurbachan Singh, Lakhwinder Singh alias Lakha son of Lal Singh, Binder Singh son of Sukha Singh, Pargat Singh son of Najar Singh, Nirmal Singh son of Pargat Singh, Amrik Singh son of Najar Singh, Binder Singh son of Shingara Singh. However, no action has been taken on the said representation. Both the parties have been summoned for today. It is submitted that no injury or role has been attributed to the petitioners. It is submitted that the complainant had earlier also lodged FIR No.57 dated 17.3.2010 in which a cancellation report was filed by the Police and the petition for grant of bail became infructuous vide order dated 18.5.2010 (Annexure-P.4). It is also submitted that the injury on the leg of the complainant is a superficial injury which is self-inflicted and number of persons have been implicated. In response, learned counsel for the State has submitted that the petitioners are said to be armed with fire arms. Kala (petitioner No.1) was armed with 12 bore double barrel gun. Jugraj Singh (petitioner No.2) is stated to be armed with a .315 bore rifle. It is stated that they were accompanied by others for harvesting wheat crop sown by the complainant. Akhtiar Singh raised a `Lalkara' and Salwinder Singh alias Shinda fired a shot from the gun carried by him which hit on the leg of the complainant as a result of which he fell down and raised an alarm. It is submitted that the case involves serious allegations in which the weapons of offence have yet to be recovered. Learned counsel for the complainant has submitted that the medical report of Binder Singh-complainant shows that he received pellet Cr. Misc. No.M-15715 of 2010 [5] injuries which were kept under observation. Binder Singh was medically examined on 11.4.2010. Binder Singh had received injuries and the doctor has opined the probable duration within six hours. It is submitted that Binder Singh was examined on 11.4.2010 at midnight. It is further submitted that the medical examination of Akhtiar Singh and Balwinder Singh sons of Surta Singh was conducted on 12.4.2010 at 3.30 a.m. Learned counsel for the complainant has submitted that the medical report of Balwinder Singh son of Dara Singh and Akhtiar Singh son of Surta Singh (Annexure-P.6 and P.7) show that they reached the hospital on 12.4.2010 at 3.30 a.m. and their probable duration of injuries initially has been shown as more than 24-48 hours but later it was cut and changed to within 24 hours- 48 hours. It is submitted that the incident that had occurred on 11.4.2010 was at 3.00 p.m. in the day and these injuries, therefore, have been suffered by Balwinder Singh son of Dara Singh and Akhtiar Singh son of Surta Singh much earlier to the incident. It is also submitted that the Police had investigated the case and in the course of investigation on 12.5.2010 it was observed that Binder Singh was empty handed and he could not have fired. It is also submitted that the DSP, Sub Division Tarn Taran conducted an inquiry on 20.5.2010 and he on his secret information and open investigation found that the persons named in the FIR including the petitioners were accused and the application given by Balwinder Singh was in the nature of defence (Peshbandi). I have given my thoughtful consideration to the contentions of the learned counsel appearing for the parties. The allegations against the petitioners are that they were part of the assailants who had attacked the Cr. Misc. No.M-15715 of 2010 [6] complainant Binder Singh while he was going on foot and the assailants were coming on the combine. The gun shot fired by Salwinder Singh hit on the leg of the complainant Binder Singh. As per the medical report of Binder Singh, injury No.1 has been mentioned as multiple lacerated wounds present on the outer medial and posterior aspects of left lower leg below knee joint. Injury No.2 has been mentioned as horizontal lacerated wound of 1.8 cm x 0.5 cm. on medial aspect of the right lower leg 12.0 cm above right medial malleolus margins are inverted. Learned counsel for the State has submitted that the weapons i.e. 12 bore gun carried by Kala Singh (petitioner No.1) and .315 bore double barrel gun carried by Jugraj Singh (petitioner No.2) are to be recovered from the petitioners. The Police in the investigation has found that the complainant was empty handed at the time of occurrence and he could not have fired any shot. The contention that it is a case of cross-version is to be investigated by the Police. However, the DSP, Sub Division Tarn Taran has also conducted an inquiry on 12.5.2010 and he has found that the persons mentioned in the FIR to be accused in the case and the application given by Balwinder Singh was in the nature of defence (Peshbandi) which is sought to be created. Keeping in view the nature of allegations against the petitioners as also the fact that the weapons of offence are yet to be recovered, no ground for pre-arrest bail is made out. The criminal miscellaneous petition is accordingly dismissed. June 28, 2010. (S.S. Saron) Judge *hsp*