CRM-M-25579 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: December 16, 2011. (1) Crl. Misc. No.M-25579 of 2011. Jagtar Singh ..... Petitioner versus State of Punjab ..... Respondent * * * (2) Crl. Misc. No.M-28527 of 2011. Lakhvir Singh ..... Petitioner versus State of Punjab ..... Respondent * * * (3) Crl. Misc. No.M-34593 of 2011. Jaspal Singh @ Pal Singh ..... Petitioner versus State of Punjab ..... Respondent ...1 CRM-M-25579 of 2011 CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT: Ms.Puneet Kaur Sekhon, Advocate, for the petitioner in Crl. Misc. No.M-25579 of 2011 and Crl. Misc. No.M-28527 of 2011. Mr.Paramjit Batta, Advocate, for the petitioner in Crl. Misc. No.M-34593 of 2011. Mr.P.S.Bajwa, DAG., Punjab. Mr.H.P.S.Isher, Advocate, for the complainant. M.M.S. BEDI, J. This order will dispose of the above noted three petitions i.e., Crl. Misc. No.M-25579 of 2011, filed by Jagtar Singh, Crl. Misc. No.M-28527 of 2011 filed by Lakhvir Singh and Crl. Misc. No.M-34593 of 2011, filed by Jaspal Singh alias Pal Singh, for the grant of pre-arrest bail in FIR No.63 dated 24.6.2011, under Sections 302, 364, 458, 147, 148, 149, 323, 506, 120-B and 201 IPC, registered at Police Station, Bassi Pathana, District Fatehgarh Sahib. The said FIR was registered at the instance of Gurwinder Singh, complainant, alleging that his brother Harinder Singh was married to Daljit Kaur but he had illicit relations with Tarunpreet Kaur. He had eloped with Tarunpreet Kaur. About 6/7 days prior to lodging of the FIR, father of Tarunpreet Kaur, namely, Balbir Singh, brothers Mani, maternal uncle Amritpal and others visited the house of the complainant in the evening and they started enquiring about Harinder Singh and Tarunpreet Kaur. When the complainant and other family members told them that Harinder Singh had not visited the house for the last few days, on this they said that ...2 CRM-M-25579 of 2011 they were giving 4/5 days to hand over the couple to them after tracing, otherwise one of their family members would be eliminated. They had left the house after giving threat. On June 23, 2011 when the complainant were preparing to retire after having dinner, around 11.00 p.m., Manpreet Singh, Jaspreet Singh sons of Balbir Singh, Gurpeet Singh scaled the wall of the courtyard of the house of the complainant. Two persons were armed with Iron rod whereas Gurpreet Singh was armed with kirpan. After entering, Amar Singh and Balbir Singh sons of Nikka Singh, their son-in-law Harnek Singh, Amritpal and 4/5 unidentified persons armed with Kirpans, lathis and sticks entered the house. These persons started shouting loudly that they were given 4/5 days but boy and girl had not been handed over to them. After this, Manpreet Singh, Jaspreet Singh and Gurpreet Singh started beating the complainant with their respective weapons in the courtyard and Amar Singh and Balbir Singh started hammering the mother of the complainant. After hearing noises, brother of the complainant Sukhjinder Singh came out of his house. On seeking him, the trespassers started beating him. Despite the complainant's family members telling the trespassers that Harinder and Tarunpreet Kaur had not visited the house for the last 2 months, they kept on beating. Thereafter Ajaib Singh was picked up and thrown in the tempo which was parked outside the house. Despite raising hue and cry by the complainant, his father was carried in the tempo with an intention to kill him. All the accused escaped from the spot along with their respective weapons on three motorcycles. Matter was informed ...3 CRM-M-25579 of 2011 telephonically to Mohan Singh who got the injured admitted in Hospital at Bassi Pathana. Naib Singh also watched the occurrence. Statement of Prem Kaur, wife of Ajaib Sigh was recorded on June 24, 2011. On the basis of the said statement, Balraj Singh, Kulwinder Singh, Lakhbir Singh (petitioner), Jagtar Singh (petitioner), Harbans Singh, Phuphar of Daljit Kaur, Varinder Singh, Jaspal Singh Pal Mistri and 5/7 other persons were found accused in the case. Thereafter on July 5, 2011, accused Harpreet Singh made a confessional statement before Sarpanch Pritpal Singh involving Harpreet singh, Sukhchain Singh, Jasvinder Singh, Bittu, Jasbir Singh son of Shamsher Singh, Jaggi, and Lakhvir Singh S/o Jaspal Singh. On July 4, 2011, Amar Singh and Balbir Singh accused in the case had made a statement before Panch Harbhajan Singh and Gurwinder Singh, Commission agent, admitting that they had committed the murder of Ajaib Singh after kidnapping him and that they had buried the body of Ajaib Singh in forest area of village Fatehpur Police Station, Ropar. On July 5, 2011, the dead body of Ajaib Singh was recovered from the earth in the presence of Balwinder Singh, Naib Tehsildar, Kuldip Singh and other respectable persons. The board of Doctors conducted the postmortem of Ajaib Singh and 21 injuries were found on the dead body. During the course of investigation, Gurjant Singh, Jaswinder Singh and Jasvir Singh were arrested on July 19, 2011. They confessed in their statement that they had kidnapped Ajaib Singh from his house and buried his dead body after killing him in the forest. The wooden sticks ...4 CRM-M-25579 of 2011 used by them were recovered on the basis of their statements. So far as petitioners Lakhvir Singh and his brother Jaspal Singh are concerned, they claimed to have been falsely implicated with an objective to implicate maximum number of relations of Tarunpreet Kaur and Daljit Kaur. Counsel for the petitioner has vehemently argued that name of Lakhbir Singh and Jaspal Singh is incorporated in the case as an afterthought. They are not named in the FIR. There is no allegation against them in the FIR. They have been implicated on the basis of statement dated 24.06.2011, made by Prem Kaur mother of the complainant recorded under Section 161 Cr.P.C. The petitioners came to know about this fact when on 23.7.2011, the SHO, Police Station, Bassi Pathana had sought remand of accused Jaswinder Singh and others. Counsel for the petitioners, Ms.Puneet Kaur Sekhon, has vehemently argued that Ajmer Singh father of the petitioners is maternal uncle of Tarunpreet Kaur who is daughter of Balbir Singh. The petitioners are known to the complainant being relations of Balbir Singh. Had they been present, their names would have been mentioned by the complainant in the FIR. Prem Kaur has named seven additional accused who have got nothing to do with the offence and it has been argued that the statement of Sarpanch Prithpal Singh dated 5.7.2011 has also been procured to implead six more accused namely Harpreet Singh, Jaggi, Sukhchain Singh, Jaswinder Singh, Jasvir Singh and Lakhbir Singh. ...5 CRM-M-25579 of 2011 In view of above circumstances, counsel for the petitioners claimed that the petitioners should be granted the concession of pre-arrest bail. I have carefully considered the contentions of the counsel for the petitioners and gone through the entire police file very carefully. Petitioner Lakhbir Singh is brother of petitioner Jagtar Singh. No doubt they are not named in the FIR but they have been named by the mother of the complainant namely Prem Kaur in her statement recorded on 24.6.2011. Statement of Naib Singh also seems to have been recorded under Section 161 Cr.P.C. as the said PW had allegedly seen the petitioners near the Tempo in which Ajaib Singh had been abducted. Confession before Jasvir Singh; statement of Nirmal Singh Sarpanch seem to have been recorded with an objective to gather corroborative evidence. No doubt the petitioners are related to Tarunpreet Kaur as cousins being sons of maternal uncle. No opinion can be expressed, at this stage, regarding probability or improbability of their participation in the crime. Certainly there is no direct evidence available against the petitioners. Whether the circumstantial evidence collected against the petitioners is sufficient enough to indict the petitioners, cannot be appreciated, at this stage, on the basis of week circumstantial evidence against the above said petitioners. They may be entitled to concession of regular bail, but taking into consideration the prima facie material gathered by the Investigating Agency against them, it does not appear to be a case where extra ordinary exceptional ...6 CRM-M-25579 of 2011 circumstances exist warranting the concession of pre-arrest bail to the petitioners. The petition is dismissed without prejudice to the rights of the petitioners to seek the concession of regular bail. So far as petitioner Jaspal Singh is concerned, he is also not named in the FIR. He is Jija of Balbir Singh father of Tarunpreet Kaur. It is claimed that had he been present on the spot his name would not have been spared by the complainant. He has been impleaded in the case under Section 120-B IPC. He was also named by Prem Kaur. The statement of Prem Kaur cannot be discarded, at this stage, solely on the ground that no specific overt act is attributed to the petitioner. The investigation is at initial stage. Role of Jaspal Singh is to be determined during the course of investigation. Grant of pre-arrest bail to the petitioner at this stage will not be appropriate. No ground is made out to grant the concession of pre-arrest bail. Thus, both the petitions are dismissed without prejudice to the rights of the petitioners to seek the concession of regular bail by surrendering before the Illaqua Magistrate. (M.M.S. BEDI) December 16, 2011 JUDGE rka ...7